UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported) November 19, 2003
(November 18, 2003)
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ENERGY WEST, INCORPORATED
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(Exact name of registrant as specified in its charter)
MONTANA 0-14183 81-0141785
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(State or other jurisdiction (Commission (IRS Employer
of incorporation) File Number) Identification No.)
1 First Avenue South, Great Falls, Montana 59401
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code (406) 791-7500
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Not applicable
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(Former name or former address, if changed since last report)
Item 5. Other Events and Regulation FD Disclosure.
On November 18, 2003, Energy West, Incorporated (the "Company") filed
an answer and a counterclaim for declaratory relief against Turkey Vulture Fund
XIII, Ltd. ("Turkey Vulture") in the Montana Eighth Judicial District Court,
Cascade County, a copy of which is attached as Exhibit 99.1 and is incorporated
herein by reference. The Company's answer to Turkey Vulture's verified complaint
(which, among other things, requested an order that only shares held by
shareholders lawfully entitled to vote on November 12, 2003 be counted in the
election of directors) requests a dismissal of the complaint, the denial of the
injunctive relief sought and the award of costs and expenses to the Company. The
Company's counterclaim for declaratory judgment, requests, among other things,
that the Court determine whether or not it is unlawful for Turkey Vulture to
vote its shares at the Company's 2003 Annual Meeting and that any such votes
which are cast should not be counted.
If the Court determines that Turkey Vulture's shares should not be
voted at the Annual Meeting because of a violation of the 1935 Act, the Company
does not intend to recognize any shares voted by Turkey Vulture or any of its
affiliates. The Company previously had disclosed in its proxy materials that
unless and until the Securities and Exchange Commission takes action under the
1935 Act with respect to Turkey Vulture, the Company would assume that Turkey
Vulture could legally solicit proxies and vote its shares at the Annual Meeting.
Item 7. Financial Statements and Exhibits.
(c) EXHIBITS. The following exhibits are filed herewith:
99.1 Answer and Counterclaim for Declaratory Relief, filed by Energy
West, Incorporated in the Montana Eighth Judicial District Court,
Cascade County, Cause No. DDV-03-1214
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934,
the registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
Date: November 19, 2003 ENERGY WEST, INCORPORATED
By: /s/ John C. Allen
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John C. Allen
Interim President and
Chief Executive Officer
