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BOARD OF DIR. FOR UTIL v. OFFICE OF UTILITY

No. 2-783-A-233.

473 N.E.2d 1043 (1985)

BOARD OF DIRECTORS FOR UTILITIES OF THE DEPARTMENT OF PUBLIC UTILITIES OF THE CITY OF INDIANAPOLIS, As Successor Trustee of a Public Charitable Trust D/B/a Citizens Gas & Coke Utility, Appellant (Petitioner below), v. OFFICE OF the UTILITY Consumer Counselor, Public Service Commission of Indiana, Appellees, Citizens Action Coalition of Indiana, Inc., Industrial Energy Consumers, Nelson G. Grills, Appellees (Intervenors below).

Court of Appeals of Indiana, Second District.

February 7, 1985.

Attorney(s) appearing for the Case

William P. Diener, Indianapolis, Michael B. Cracraft, Smith, Morgan & Ryan, Indianapolis, for appellant.

Ronald L. Dyer, Indianapolis, for appellee, Office of the Utility Consumer Counselor.

SULLIVAN, Judge.

The Board of Directors for Utilities of the Department of Public Utilities of the City of Indianapolis, Successor Trustee of a Public Charitable Trust d/b/a Citizens Gas & Coke Utility (Citizens Gas) appeals from a Public Service Commission (Commission) order entered on June 20, 1983. The Commission's Order (Order) disallowed the portion of Citizens Gas' proposed revenue requirements which requested a four percent return on net utility plant,...

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