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CINCINNATI v. P. U. C.

Nos. 33701, 33742, 33702 and 33743.

161 Ohio St. 395 (1954)

CITY OF CINCINNATI, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES. (Two cases.) THE CINCINNATI RETAIL MERCHANTS ASSN., APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES. (Two cases.)

Supreme Court of Ohio.

Decided May 12, 1954.

Attorney(s) appearing for the Case

Mr. Henry M. Bruestle, city solicitor, Mr. James W. Farrell, Jr., and Mr. Robert J. White, for appellant city of Cincinnati.

Messrs. Paxton & Seasongood, Mr. Joseph A. Segal and Mr. A. Bruce Schimberg, for appellant The Cincinnati Retail Merchants Association.

Mr. C. William O'Neill, attorney general, Mr. James M. Burtch, Jr., and Mr. Everett H. Krueger, Jr., for appellee Public Utilities Commission.

Messrs. Frost & Jacobs, Mr. Charles G. Puchta, Jr., Mr. A. J. Allen, Jr., and Mr. George C. McConnaughey, for appellee Cincinnati & Suburban Bell Telephone Company.

LAMNECK, J.

Section 544, General Code (Section 4903.13, Revised Code), provides that "a final order made by the commission shall be reversed, vacated or modified by the Supreme Court on appeal, if upon consideration of the record such court is of the opinion that such order was unlawful or unreasonable."

This section has been construed as limiting the power of the court on review to a determination of whether...

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