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IN RE POTTERY.

No. 33765.

161 Ohio St. 498 (1954)

IN RE COMPLAINT OF COOKSON POTTERY ET AL.: POTTERY ET AL., APPELLANTS, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 26, 1954.

Attorney(s) appearing for the Case

Mr. Oliver H. Welf, Jr., Mr. Ernest Graham and Mr. Frank Bennett, for appellants.

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

Mr. George C. McConnaughey, Jr., for appellee National Gas & Oil Corporation.

HART, J.

The determination of the controversy here involved depends upon the interpretation of certain controlling statutes relating to procedure before the commission. The narrow question at issue may be stated as follows: Was the filing of an application to file a schedule of rates, by the gas company with the commission a "first filing" as contemplated by the provisions of Section 614-20, General Code? If it was a "first filing" under the statute, then the gas...

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