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NOW! v. INDIANA-AMERICAN WATER COMPANY

Court of Appeals Case No. 18A-EX-844.

117 N.E.3d 647 (2018)

NOW!, INC., Appellant-Intervenor, v. INDIANA-AMERICAN WATER COMPANY, INC., and the City of Charlestown, Indiana, Appellees-Petitioners, and Indiana Office of Utility Consumer Counselor, Appellee-Respondent.

Court of Appeals of Indiana.

Rehearing denied February 14, 2019.

Attorney(s) appearing for the Case

Attorney for Appellant: J. David Agnew , Lorch Naville Ward LLC, New Albany, Indiana.

Attorneys for Appellee Indiana-American Water Company: David L. Pippen , General Counsel, Indiana-American Water Company, Greenwood, Indiana, Peter J. Rusthoven , Nicholas K. Kile , Hillary J. Close , Barnes & Thornburg LLP, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE, CITY OF CHARLESTOWN: Karl L. Mulvaney , Alex E. Gude , Bingham Greenebaum Doll LLP, Indianapolis, Indiana, David T. McGimpsey , Bingham Greenebaum Doll LLP, Jasper, Indiana.

Statement of the Case

The City of Charlestown, Indiana, executed an agreement to sell its water utility to Indiana-American Water Company, Inc., subject to approval by the Indiana Utility Regulatory Commission. NOW!, Inc., a not-for-profit entity opposed to the sale, filed a petition asking the IURC to reject the...

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