United States v. Northern Indiana Public Service Co., Et Al

100 F.R.D. 78 (N.D. Ind. 1983)


The United States (P) filed a notice of condemnation for 36.95 acres of land owned by Northern (D). D opposed the condemnation and a hearing on the objections were filed, and a trial date was set for February 8, 1982. The trial date was vacated, and Council filed a motion to intervene as plaintiff under Rule 24. On September 7, 1983, P and D entered into a stipulation and joint motion to dismiss. Oral argument was heard on the intervention issue. Council also filed a pleading and a complaint for mandamus under 28 USC 361. P has made no independent response to Council’s motion to intervene.