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NORTHERN INDIANA PUBLIC SERVICE CO. v. BOLKA

No. 46A04-9708-CV-344.

693 N.E.2d 613 (1998)

NORTHERN INDIANA PUBLIC SERVICE COMPANY, an Indiana corporation, and NIPSCO Industries, Inc., an Indiana corporation, Appellants-Defendants, v. Scott A. BOLKA, on behalf of himself and all others similarly situated, Appellee-Plaintiff.

Court of Appeals of Indiana.

April 8, 1998.

Attorney(s) appearing for the Case

Paul A. Rake, Sherry L. Clarke, Michael E. O'Neill, Eichhorn & Eichhorn, Hammond, for Appellants-Defendants.

Atley C. Price, Kurt R. Earnst, Braje & Nelson, Michigan City, for Appellee-Plaintiff.

OPINION

KIRSCH, Judge.

Northern Indiana Public Service Co. and NIPSCO Industries, Inc. (NIPSCO) appeal from the class certification of a cause brought by Scott A. Bolka for damages allegedly caused by emissions from a NIPSCO power generating plant. NIPSCO challenges the trial court's findings that the requirements of Trial Rule 23(A) and (B) were met.

We affirm in part and reverse in part.

...

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