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SELLERS v. IOWA POWER AND LIGHT COMPANY

Civ. No. 73-78-1.

372 F.Supp. 1169 (1974)

Iona SELLERS and Rosetta Harvey, Plaintiffs, v. IOWA POWER AND LIGHT COMPANY, a public utility, et al., Defendants.

United States District Court, S. D. Iowa, Central Division.

March 27, 1974.

Attorney(s) appearing for the Case

John C. Wellman, Des Moines, Iowa, for plaintiffs.

John C. Cortesio, Jr., Michael H. Figenshaw, Mark W. Putney, and Lynn K. Vorbrich, Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, Iowa, for defendant Iowa Power & Light.

Leo J. Steffen, Jr., Asst. Commerce Counsel, and Don Charles Uthus, Commerce Counsel, Des Moines, Iowa, for defendant Iowa State Commerce Commission and commissioners.

Richard E. Haesemeyer, Des Moines, Iowa, for State of Iowa.

Before STEPHENSON, Circuit Judge, HANSON, Chief District Judge, and STUART, District Judge.

STUART, District Judge.

Plaintiffs brought this action challenging the constitutionality of Section 490A.6 Code of Iowa, prayed for damages and injunctive relief and requested a three-judge court which was duly convened and to which this case was submitted on the 1st day of November, 1973.

Iowa Power and Light Company (IPALCO) is a public utility furnishing gas and electric services to residents of a substantial...

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