STATE, EX REL. KEARNS v. POWER CO.

No. 34193.

163 Ohio St. 451 (1955)

THE STATE, EX REL. KEARNS, PROS. ATTY., v. OHIO POWER CO.

Supreme Court of Ohio.

Decided June 1, 1955.


Attorney(s) appearing for the Case

Mr. Frank H. Kearns, prosecuting attorney, Mr. Earl W. Allison and Mr. John J. Duffey, for relator.

Messrs. Day, Cope, Ketterer, Raley & Wright, Mr. Robert M. Rybolt, Mr. John F. Buchman, III, and Messrs. Alexander, Ebinger & Wenger, for respondent.


ZIMMERMAN, J.

This action in quo warranto is one in which the respondent is called upon to show by what authority it is exercising its franchise rights in certain townships of Franklin County in disregard of the plan for those townships adopted by the Board of County Commissioners.

Although a highly important matter is presented in this case, the basic issues are relatively simple. Respondent claims that because of the nature and extent of its business and...

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