Southern Indiana Gas & Electric Co. v. Indiana Statewide Rural Electric Cooperative, Inc.

This case comes to this Court after an appeal to the Appellate Court of Indiana in which that court voted three (3) to affirm and three (3) to reverse, with two (2) judges not participating. 232 N. E. 2d 899. The action was instituted by the appellant seeking injunctive relief, and the prayer of appellant’s complaint is substantially as follows:

“[That appellee be enjoined] . . . from either constructing or operating an electric utility generating plant of transmission facilities; from producing, furnishing, transmitting or selling electricity in any part of the area or to any of the…