Morgan County REMC v. Public Service Co.

This action was initiated upon appellant’s (REMC) complaint wherein it sought a restraining order, temporary injunction and permanent injunction to restrain and permanently enjoin appellee (Public Service Co.) from constructing, maintaining and operating electrical distribution lines in a recently annexed addition (Wolfe’s Eighth Subdivision) to the City of Martinsville, and further restrain appellee from selling electrical energy to any consumer in said territory.

Appellee filed a demurrer in response to appellant’s complaint. The demurrer, which was supported by a memorandum, was sustained.…