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EVANSVILLE, ETC., RY. CO. INC. v. SO. IND. R.E. CORP.

No. 28,916.

231 Ind. 648 (1953)

109 N.E.2d 901

EVANSVILLE AND OHIO VALLEY RAILWAY COMPANY INC. v. SOUTHERN INDIANA RURAL ELECTRIC CORPORATION, INC.

Supreme Court of Indiana.

Rehearing denied March 5, 1953.

Attorney(s) appearing for the Case

Robert D. Markel, Wilbur S. Furlow and Clifton L. Markel, all of Evansville, for appellant.

Ralph Zoercher, Volmar A. Franz, of Tell City, and Paul Y. Davis, Harvey B. Hartsock and Gustav H. Dongus, all of Indianapolis, for appellee.

GILKISON, J.

Appellee filed its third amended complaint in five paragraphs in the Spencer Circuit Court. In each paragraph it sought to collect the penalty, attorney' fees and costs provided for by subsection (d), Sec. 55-4418, Burns' 1951 Replacement.

By rhetorical paragraph four in each paragraph of the complaint it is averred that between July 1, 1946, and January 1, 1948, appellant "constructed electric distribution lines (within certain described sections...

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