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RAY v. INDIANA & MICHIGAN ELEC. CO.

Civ. No. F 78-148.

606 F.Supp. 757 (1984)

John F. RAY, Sr.; Ronald L. Bishop; Thomas D. Brown; Leonard Deal; Violet Firks; Edward W. Kinerk; Allen Monroe and Catherine O. Murchland, Plaintiffs, v. INDIANA & MICHIGAN ELECTRIC COMPANY, Defendant.

United States District Court, N.D. Indiana, Fort Wayne Division.

May 11, 1984.

Attorney(s) appearing for the Case

Douglas B. McFadden & Jennifer L. Graham, Dutton, Kappes & Overman, Paul Hirsch & Robert V. Bridewell, Haymaker, Hirsch & Fink, Indianapolis, Ind., Ivan A. Lebamoff, Lebamoff & Associates, Fort Wayne, Ind., for plaintiffs.

C. Eric Chickedantz & Thomas Yoder, Livington, Dildine, Haynie & Yoder, Fort Wayne, Ind., for defendant.

ON MOTION FOR SUMMARY JUDGMENT

WILLIAM C. LEE, District Judge.

This matter is before the court on plaintiffs' Motion for Summary Judgment. The motion was filed only twelve days before the case was set down for trial. The motion was based on the potential offensive collateral estoppel effect of City of Mishawaka v. American Electric Power Co., Inc., 465 F.Supp. 1320 (N.D.Ind.1979), aff'd in part, vacated in...

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