Opinion
No. 20,390.
Filed November 5, 1965.
MOTION TO DISMISS — No Cross Assignment of Errors — Dismissal. — Motion to dismiss appeal would be granted where appellant filed a proof of service and a copy of said motion to all attorneys of record and where appellees had not filed an assignment of cross-errors nor any objections to said motion to dismiss.
From the Public Service Commission of Indiana.
Appellant, Smithville Telephone Company, Inc., filed its motion to dismiss appeal.
Appeal dismissed. By the court in banc.
William F. Hendren, of Bloomfield, and Frank E. Spencer, and Bowen, Myers, Northam Givan, of Indianapolis, for appellant.
Paul Hirsch, Public Counselor, John J. Dillon, Attorney General, and Robert W. Jeffrey, of Indianapolis, and Ralph L. Schuler, of Poseyville, for appellees.
ON MOTION TO DISMISS
On October 22, 1965, the Smithville Telephone Company, Inc., by attorneys William F. Hendren, Bowen, Myers, Northam Givan, and Frank E. Spencer, filed in this cause a motion entitled "APPELLANT'S MOTION TO DISMISS APPEAL," praying therein that its appeal in the above entitled cause from an order and decision of the Public Service Commission on March 12, 1965, be dismissed, in the best interests of the appellant public utility, the public which it serves and the Public Service Commission of Indiana;
Appellant also filed on said date a proof of evidence and a copy of appellant's motion to dismiss to all attorneys of record.
Appellees have not filed an assignment of cross-errors nor any objections to said motion to dismiss;
And the court, having examined said motion and the proof of service and being duly advised in the premises, finds that said motion should be sustained;
And the court now dismisses said cause of action, with costs taxed against the appellant.
Cause of action dismissed, costs taxed against appellant.
NOTE. — Reported in 211 N.E.2d 328.