Citizens Gas and Coke Utility v. Sloan

Dissenting Opinion.

Pfaff, J.

This case (see 196 N. E. 2d 290) again comes before us on a petition for rehearing.

A general conference of the court sitting in banc by a majority vote denied appellees’ petition for rehearing with opinion. I again cannot agree with this action taken by the court and hereby voice my dissént for the following reasons:

Judicial review of a Public Service Commission order by the Appellate Court is a statutory action. §54-443 et seq;, Burns’ 1968 Supp. The statute provides that appeals shall be taken from final orders within SO days. The statute also provides that the *31330-d…