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U.S. STEEL CORP. v. NORTHERN IND. PUB. SERV.

No. 2-385A80.

482 N.E.2d 501 (1985)

UNITED STATES STEEL CORPORATION, Appellant (Plaintiff below), v. NORTHERN INDIANA PUBLIC SERVICE COMPANY, Inc.; Public Service Commission of the State of Indiana; and the State of Indiana, Appellees (Defendants below), and Office of the Utility Consumer Counselor, Appellee (Intervenor-Defendant below).

Court of Appeals of Indiana, Fourth District.

September 11, 1985.

Attorney(s) appearing for the Case

John F. Wickes, Jr., Lynne D. Lidke, Scopelitis & Garvin, Indianapolis, Wayne L. Emery, Rafael Caminero, U.S. Steel Corp., Pittsburgh, Pa., for appellant.

Linley E. Pearson, Atty. Gen., Robert K. Johnson, Deputy Atty. Gen., Indianapolis, for appellee Public Service Com'n of Indiana.

Frederick F. Eichhorn, Jr., David C. Jensen, James K. Morse, Eichhorn, Eichhorn & Link, Hammond, for appellee Northern Indiana Public Service Co.

CONOVER, Judge.

United States Steel Corporation (U.S. Steel) appeals the Marion Superior Court's dismissal of its complaint for declaratory judgment.

Reversed.

ISSUES

This appeal presents a single issue:

whether the trial court has subject matter jurisdiction of this action.

FACTS

U.S. Steel, a Delaware Corporation, owns two steel production facilities of interest here, Gary Works located in Gary, Indiana, and South...

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