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INDIANA GAS v. UTILITY CONS. COUNSELOR

No. 93A02-9006-EX-348.

576 N.E.2d 619 (1991)

INDIANA GAS Company, Inc., Appellant, v. OFFICE OF THE UTILITY CONSUMER COUNSELOR, the Citizens Action Coalition of Indiana, Inc., General Motors Corporation and the Indiana Utility Regulatory Commission, Appellees.

Court of Appeals of Indiana, Third District.

August 14, 1991.

Attorney(s) appearing for the Case

Daniel W. McGill, Barnes & Thornburg, Ronald E. Christian, Indiana Gas Co., Inc., Indianapolis, for appellant.

James L. Turner, Utility Consumer Counselor, Robert K. Johnson, Deputy Consumer Counselor for Federal Affairs, Indianapolis, for appellees.

Michael A. Mullett, Columbus, for Citizens Action Coalition of Indiana, Inc.

STATON, Judge.

This is the second of two appeals taken by Indiana Gas Company, Inc (IGC) involving the Gas Cost Adjustment Statute (GCA Statute), Indiana Code 8-1-2-42(g) (1988). The first is Indiana Gas Co., Inc. v. Ofc. of the Utility Consumer Counselor (1991), Ind. App., 575 N.E.2d 1044 (Indiana Gas I). In this appeal, the parties raise the following issues:

I. Does the "earnings test" found in Indiana...

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