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MEIER v. AMERICAN MAIZE-PRODUCTS CO., INC.

No. 49A02-9304-CV-185.

650 N.E.2d 741 (1995)

Rebecca C. MEIER, As Chairperson and John C. Bailey, Michael L. Jordan, James R. Martin, Lt. Governor Frank O'Bannon, Patrick R. Ralston, Claude C. Reeck, Jr., Wayne T. Swallow and Roy J. Winkler, Each As Members, of the Water Pollution Control Board of the State of Indiana, and Kathy L. Prosser, Commissioner of the Indiana Department of Environmental Management, Appellants-Defendants below, v. AMERICAN MAIZE-PRODUCTS COMPANY, Inc., Bethlehem Steel Corporation, Commonwealth-Edison Company of Indiana, Inc., Fibre Form Corporation, Indiana-Kentucky Electric Corporation, Indiana Michigan Power Company, Landis & Gyr Metering, Inc., Ltv Steel Company, Inc., National Steel Corporation, Phelps Dodge Magnet Wire Company, Southern Indiana Gas & Electric Company, Appellees-Plaintiffs below.

Court of Appeals of Indiana, Second District.

Transfer Denied October 10, 1995.

Attorney(s) appearing for the Case

Ronald E. Elberger, Keith E. White, George T. Patton, Jr., Bose McKinney & Evans, Indianapolis, for appellants.

Bryan G. Tabler, Peter J. Rusthoven, Barnes & Thornburg, Indianapolis, for appellees.

OPINION UPON REHEARING

SULLIVAN, Judge.

American Maize Products, et al. (collectively, AMP) has filed the present petition for rehearing based upon our opinion in Meier v. American Maize-Products, Inc. (1995) 2d Dist. Ind. App., 645 N.E.2d 662. We write in order to clarify our original decision.

In its petition for rehearing, AMP complains that this court's previous disposition was fundamentally flawed...

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