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STATE EX REL. KLAPP v. DAYTON POWER & LIGHT CO.

No. 314.

11 Ohio App. 2d 64 (1962)

THE STATE, EX REL. KLAPP, PROS. ATTY., v. DAYTON POWER & LIGHT CO. ET AL.

Court of Appeals of Ohio, Miami County.

Decided January 18, 1962.

Attorney(s) appearing for the Case

Mr. Richard K. Wilson, director of law, city of Piqua, Mr. Haveth E. Mau and Messrs. Pogue, Helmholz, Culbertson & French, for relator.

Messrs. Shipman & Utrecht, Mr. Julian de Bruyn Kops and Mr. J. R. Newlin, for respondents.

SHERER, J.

Relator, on behalf of the city of Piqua, has instituted this action in quo warranto seeking an order of this court (1) adjudging the respondent Dayton Power and Light Company to be unlawfully assuming a franchise, right, privilege and permission; (2) ousting and prohibiting this respondent from using the public streets, lanes, alleys, commons and other public places of the city of Piqua for the distribution...

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