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STATE, EX REL. CLEVELAND ELECTRIC ILLUMINATING CO. v. P. U. C.

Nos. 37128 and 37129.

173 Ohio St. 450 (1962)

THE STATE, EX REL. CLEVELAND ELECTRIC ILLUMINATING CO., v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL. (Two cases.)

Supreme Court of Ohio.

Decided June 27, 1962.

Attorney(s) appearing for the Case

Mr. Lee C. Howley, Mr. Harry G. Fitzgerald. Jr., Messrs. Squire, Sanders & Dempsey, Mr. John Lansdale, Jr., and Mr. George 1. Meisel, for relator.

Mr. Mark McElroy, attorney general, Mr. Herbert T. Maher and Mr. Andrew R. Sarisky, for respondent Public Utilities Commission.

Messrs. Metzenbaum, Gaines, Schwartz, Krupansky, Finley & Stern, for respondent Shopping Centers Association of Northern Ohio.

Per Curiam.

Although the members of the court are not agreed as to whether the tendered regulation sought to be filed constitutes an increase in rates for electrical energy, there is no disagreement among the members of the court about its raising a question of fact.

The major area of disagreement among the members of the court concerns the tribunal in which that question of fact should be determined. Jurisdiction...

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