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UNITED ELEC. MEMBER. v. INDIANA MI POWER

No. 17A03-9303-CV-104.

648 N.E.2d 1194 (1995)

UNITED RURAL ELECTRIC MEMBERSHIP CORPORATION, Appellant-Plaintiff, v. INDIANA MICHIGAN POWER COMPANY, Appellee-Defendant.

Court of Appeals of Indiana, Third District.

Transfer Denied September 21, 1995.

Attorney(s) appearing for the Case

David S. Richey, Parr, Richey, Obremskey & Morton, Indianapolis, Carol Sparks Drake, Parr, Richey, Obremskey & Morton, Lebanon, Gary J. Rickner, Barrett & McNagny, Fort Wayne, and Stanley Matheny, Matheny, Michael, Hahn & Bailey, Huntington, for appellant.

Jerry P. Belknap, Stanley C. Fickle, Brian J. Martin, and Jan M. Carroll, Barnes & Thornburg, Indianapolis, and Greg Clark, Fort Wayne, for appellee.

OPINION

HOFFMAN, Judge.

Appellant-plaintiff United Rural Electric Membership Corporation (United REMC) appeals from the denial of its motion for summary judgment and the grant of summary judgment in favor of appellee-defendant Indiana Michigan Power Company (I & M). The designated facts relevant to this appeal are set forth below.

United REMC is a distribution cooperative engaged in retail sale of electricity in various counties in northern Indiana...

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