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CHARLES W. COLE & SON v. IND. & MICH. ELEC.

No. 2-281A53.

426 N.E.2d 1349 (1981)

CHARLES W. COLE & SON, Inc., and David P. Schenkel, Appellants-Intervenors, v. INDIANA & MICHIGAN ELECTRIC COMPANY, Appellee-Petitioner.

Court of Appeals of Indiana, First District.

October 27, 1981.

Attorney(s) appearing for the Case

Robert L. Thompson, Robert L. Thompson, P.C., Fort Wayne, for appellants-intervenors.

Thomas W. Yoder, Livingston, Dildine, Haynie & Yoder, Fort Wayne, for appellee-petitioner Indiana & Michigan Electric Co.

David S. Richey, Parr, Richey, Obremskey & Morton, Lebanon, for appellee-petitioner City of Fort Wayne, Indiana.

RATLIFF, Judge.

STATEMENT OF THE CASE

Intervenors-appellants Charles W. Cole & Son, Inc., and David P. Schenkel seek judicial review of an order of the Public Service Commission of Indiana establishing the amount of a refund to be paid by petitioner-appellee Indiana & Michigan Electric Company to its retail ratepayers. We reverse.

FACTS

This action for judicial review has its origin in a petition for a rate increase filed by Indiana...

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