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CITIES & TOWNS, ETC. v. PUB. SERV. COMM., ETC.

No. 2-277A51.

397 N.E.2d 303 (1979)

CITIES & TOWNS OF ANDERSON ET AL., v. PUBLIC SERVICE COMM. OF IND. ET AL.

Court of Appeals of Indiana, Second District.

December 10, 1979.

Attorney(s) appearing for the Case

Paul Hirsch, Haymaker, Hirsch & Fink, Indianapolis, for appellants.

Fred E. Schlegel, Baker & Daniels, Indianapolis, for appellees, Indianapolis Water Co. and Indiana Chapter of Water Utilities Rules and Standards Revision Committee of National Ass'n of Water Companies.

Joe N. Van Valer, Greenwood, for appellee, Home Builders Ass'n of Indiana.

H. Kent Howard, Barnes, Hickam, Pantzer & Boyd, Indianapolis, for appellees, Muncie Water Works Corp., Richmond Water Co., Inc., Terre Haute Water Works Corp.

Wilson E. Shoup, Angola, for appellee, City of Angola.

William N. Salin, Fort Wayne, for appellee, City of Fort Wayne.

William F. Welch, McHale, Cook & Welch, Indianapolis, for appellees, Gary-Hobart Water Corp., Indiana Cities Water Corp., Water Utilities, Inc.

John Littler, Albany, pro se for appellee, City of Albany.

Frank J. Biddinger, Indianapolis, Theodore L. Sendak, Atty. Gen., Stephen L. Lucas, Deputy Atty. Gen., Indianapolis, for appellees, Public Service Commission of Indiana and Larry J. Wallace, William B. Powers and James M. Plaskett, as Members of the Public Service Commission of Indiana.

James L. McCaslin, Elkhart, for appellee, City of Elkhart.

BUCHANAN, Chief Judge.

CASE SUMMARY

Cities and Towns of Anderson, Lawrenceburg, Tipton, Greendale and Valparaiso (Cities and Towns) appeal from the Public Service Commission's (Commission) denial of a Motion to Dismiss all municipal water works from a rule promulgation hearing, claiming that the Commission has no jurisdiction to issue rules and regulations governing the operation of municipal utilities.

We reverse.

FACTS

The facts...

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