Schenkel Enterprises, Inc. v. Indiana & Michigan Electric Co.

ON PETITION FOR REHEARING

HOFFMAN, Judge.

Schenkel Enterprises, et al., petitions this Court to reconsider our decision rendered in an opinion in this cause handed down September 5, 1979, 393 N.E.2d 268. In order to clarify the factual setting of the case, we make the following observations.

A re-examination by this Court of the six-volume record in this cause has disclosed that Schenkel, et al., intervened and participated in but one of the several rate proceedings in which I & M’s use of Fuel Adjustment Clauses was at issue. See, slip opinion at 2. That proceeding was initiated by a petition…