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  5. 674 N.E.2d 977 (1996)
 

NORTHERN INDIANA PUB. SERVICE v. DOZIER

No. 71A03-9601-CV-9.

674 N.E.2d 977 (1996)

NORTHERN INDIANA PUBLIC SERVICE COMPANY, Appellant-Defendant, v. Alex DOZIER, Appellee-Plaintiff.

Court of Appeals of Indiana.

December 20, 1996.

Attorney(s) appearing for the Case

Paul A. Rake, Robert J. Feldt, David J. Beach, Eichhorn & Eichhorn, Hammond, for Appellant-Defendant.

Thomas L. Schaffer, Notre Dame Legal Aid Clinic, South Bend, for Appellee-Plaintiff.

Dawn M. Dawkins, Legal Services of Northwest Indiana, Inc., Gary, for Amicus Curiae.

OPINION

GARRARD, Judge.

Northern Indiana Public Service Company ("NIPSCO") brings this interlocutory appeal from the trial court's order granting a preliminary injunction to Alan Dozier ("Dozier") which in effect denied NIPSCO's motion to dismiss for lack of subject matter jurisdiction and failure to state a claim.

FACTS AND PROCEDURAL HISTORY

In April of 1989, NIPSCO terminated residential gas service to Dozier's South Bend residence...

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