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INDIANA OFFICE OF OUCC v. LINCOLN UTILITIES

No. 93A02-0204-EX-301.

784 N.E.2d 1072 (2003)

INDIANA OFFICE OF UTILITY CONSUMER COUNSELOR, Appellant, v. LINCOLN UTILITIES, INC. and Indiana Water Service, Inc., Appellees.

Court of Appeals of Indiana.

March 19, 2003.

Attorney(s) appearing for the Case

Anne E. Becker, Daniel M. Levay, Office of Utility Consumer Counselor, Indianapolis, IN, Attorneys for Appellant.

Fred E. Schlegel, Michael J. Huston, Clayton C. Miller, Baker & Daniels, Indianapolis, IN, Attorneys for Appellees.

OPINION

KIRSCH, Judge.

The Indiana Office of Utility Consumer Counselor ("OUCC") appeals the decision of the Indiana Utility Regulatory Commission ("IURC") approving the sale of the assets of Lincoln Utilities, Inc. ("Lincoln") to Indiana Water Service, Inc. ("IWSI")1 and providing for an acquisition adjustment of 90% of the purchase price to the fair value rate base, raising two issues for review, one of which we find dispositive...

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