TELEPHONE CO. v. P. U. C.

No. 37334.

173 Ohio St. 333 (1962)

MID-AMERICA TELEPHONE CO., APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 2, 1962.


Attorney(s) appearing for the Case

Mr. Mark McElroy, attorney general, Mr. DeForest Mellon, Mr. Herbert T. Maher, Mr. Andrew R. Sarisky, Mr. Edwin N. Strand and Mr. Charles B. Ballou, for appellees.


TAFT, J.

Plaintiff contends that "the activity of" the Ohio Bell Telephone Company, herein referred to as defendant Bell, "in installing, leasing and maintaining private telephone intercommunication systems under authority of" a tariff filed by defendant Bell with the Public Utilities Commission of Ohio is illegal.

This contention is based upon the further contention that such activity is not a public utility activity and therefore is not subject to regulation...

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