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SO. IND. GAS AND ELEC. CO. v. IND. STATEWIDE RURAL ELEC. COOP.

No. 168S3.

251 Ind. 459 (1968)

242 N.E.2d 361

SOUTHERN INDIANA GAS AND ELECTRIC CO. v. INDIANA STATEWIDE RURAL ELECTRIC COOPERATIVE, INC.

Supreme Court of Indiana.

Rehearing denied January 22, 1969.

Attorney(s) appearing for the Case

G.R. Redding, John L. Woolling, Virgil L. Beeler, Indianapolis, and Fred P. Bamberger, Bamberger, Foreman, Oswald and Hahn, Evansville, Baker and Daniels, Indianapolis, of counsel, for appellant.

William H. Wolf, Greenfield, Ralph P. Zoercher, Tell City, William H. Parr, Jr., Lebanon, Jeremiah L. Cadick, William E. Plane, Indianapolis, and Parr, Richey, Obremskey and Pedersen, Lebanon, Cadick, Burns, Duck and Neighbours, Indianapolis, of counsel, for appellee.

LEWIS, C.J.

This case comes to this Court after an appeal to the Appellate Court of Indiana in which that court voted three (3) to affirm and three (3) to reverse, with two (2) judges not participating. 232 N.E.2d 899. The action was instituted by the appellant seeking injunctive relief, and the prayer of appellant's complaint is substantially as follows:

"[That appellee be enjoined] ... from either constructing or operating...

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