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CITY OF SOUTH BEND v. USERS OF SEWAGE DISPOSAL

No. 2-179A12.

402 N.E.2d 1267 (1980)

The CITY OF SOUTH BEND, the Common Council of South Bend, the Board of Public Works of South Bend, Respondents-Appellants, v. The USERS OF the SEWAGE DISPOSAL Facilities of Clay Utilities, Inc., the Users of the Waterworks Facilities of Clay Utilities, Inc., Petitioners-Appellees.

Court of Appeals of Indiana, First District.

April 1, 1980.

Attorney(s) appearing for the Case

Leslie Duvall, Duvall, Tabbert, Lalley & Newton, Indianapolis, for respondents-appellants.

Daniel A. Manion, Doran, Manion, Boynton, Kamm & Esmont, South Bend, for petitioners-appellees.

RATLIFF, Judge.

STATEMENT OF THE CASE

The City of South Bend, its Common Council, and its Board of Public Works (the City) bring this appeal after the Public Service Commission, in response to petitions filed by the users of the waterworks facilities and the sewage disposal facilities of Clay Utilities, Inc. (the users), found that the lease rental payments established in two lease purchase agreements entered into by the City and by Clay Utilities, Inc....

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