IND. PROTESTANTS v. P. U. C.

No. 34769.

165 Ohio St. 543 (1956)

INDUSTRIAL PROTESTANTS, APPELLANTS, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided November 21, 1956.


Attorney(s) appearing for the Case

Mr. Thomas C. Committe, for appellants.

Mr. C. William O'Neill, attorney general, Mr. Ralph N. Mahaffey and Mr. Paul E. Tague, Jr., for appellee Public Utilities Commission.

Mr. Albert M. Calland, Mr. Edward B. Calland and Mr. Harry A. Kramer, for appellee The Manufacturers Light & Heat Company.


Per Curiam.

The sole issue before this court as stated by appellants is whether the commission "has exercised proper judgment" within the scope of Section 4909.15, Revised Code, so as to fix rates that are not unreasonable, if not confiscatory, to the industrial consumers served by Manufacturers.

Rate fixing is a legislative function and as regards service such as is furnished by Manufacturers has been delegated to the Public Utilities Commission.<...

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