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CLEVELAND v. P. U. C. O.

Nos. 34444 and 34445.

164 Ohio St. 442 (1956)

CITY OF CLEVELAND ET AL., APPELLANTS, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided January 25, 1956.

Attorney(s) appearing for the Case

Mr. Ralph H. Locher, director of law, Mr. Felix Mika, director of law, Mr. Theodore Macejko, city solicitor, Mr. Morris Gilbert, Mr. Robert D. Konwin, Mr. Robert U. Hastings, Jr., city solicitor, Mr. LeRoy Contie, city attorney, Mr. Elmer Vanek, city solicitor, Mr. H. L. Pejcek, city solicitor, Mr. Richard O. Gantz, Mr. Chalmers Wylic, city attorney, and Mr. David M. Postlewaite, for appellants.

Mr. C. William O'Neill, attorney general, Mr. Everett H. Krueger, Jr., and Mr. Ralph Mahaffey, for appellee.

Mr. Ashley M. Van Duzer, Mr. Carlyle Tresise and Mr. Latham W. Murfey, Jr., for The Ohio Bell Telephone Company.

Per Curiam.

In a proceeding of this kind, the statutes of this state and the decisions of this court indicate that the Public Utilities Commission must do the following:

1. Determine the dollar amount as of a date certain of the reconstruction cost new less existing depreciation of the property of the public utility used and useful in rendering the public utility service for which rates are to be fixed. This amount represents and will be referred to...

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