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STATE v. DAYTON POWER & LIGHT CO.

No. 13516.

263 F.2d 909 (1959)

STATE of Ohio, on the Relation of Paul T. KLAPP, Prosecuting Attorney, Appellant, v. DAYTON POWER & LIGHT CO. et al., Appellees.

United States Court of Appeals Sixth Circuit.

January 22, 1959.

Attorney(s) appearing for the Case

J. R. Newlin, Dayton, Ohio, and Franklin L. Shipman, Troy, Ohio (Julian De Bruyn Kops, Dayton, Ohio, on the brief), for appellees.

Robert H. French, Cincinnati, Ohio, (Richard K. Wilson, Piqua, Ohio, Haveth E. Mau, Robert Houston French, Cincinnati, Ohio, on the brief), for appellant.

Before ALLEN, Chief Judge, SIMONS, Circuit Judge, and GOURLEY, District Judge.

PER CURIAM.

In an action quo warranto originally filed in the state court the District Court, after removal and eventual hearing on the merits, gave judgment for defendant.1 Defendant, and its predecessors, electric light and power companies, had operated in Piqua, Ohio, for nearly 50 years in accordance with an ordinance of the city. In this action the city sought to oust defendant from the streets...

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