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C., N. O. & T. P. RY. CO. v. P. U. C.

No. 37928.

175 Ohio St. 130 (1963)

THE CINCINNATI, NEW ORLEANS & TEXAS PACIFIC RY. CO., APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided July 3, 1963.

Attorney(s) appearing for the Case

Mr. James G. Headley, for appellant.

Mr. William B. Saxbe, attorney general, Mr. Jay C. Flowers and Mr. Andrew R. Sarisky, for appellee.

Per Curiam.

Appellant contends that the commission was without jurisdiction to make the determination and order in the instant case, and that the state Department of Health acting through the Cincinnati Board of Health had jurisdiction of the subject of this proceeding to the exclusion of the Public Utilities Commission.

With such contention this court does not agree.

Section 4905.04, Revised Code...

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