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BROTHERHOODS v. P.U.C.

No. 38632.

177 Ohio St. 101 (1964)

CO-OPERATIVE LEGISLATIVE COMMITTEE OF THE TRANSPORTATION BROTHERHOODS AND THE BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 9, 1964.

Attorney(s) appearing for the Case

Messrs. Tyler, Richards & Grieser and Mr. William A. Richards, for appellant.

Mr. William B. Saxbe, attorney general, Mr. Jay C. Flowers, Messrs. Alexander, Ebinger, Wenger & Holschuh and Mr. John D. Holschuh, for appellees.

TAFT, C. J.

Section 4999.08, Revised Code, being a penal statute, must be strictly construed. Erie Rd. Co. v. Public Utilities Commission (1943), 141 Ohio St. 342, 48 N.E.2d 100.

Apart from certain language in the opinion in New York Central Rd. Co. v. Public Utilities Commission (1929), 121 Ohio St. 383, 169 N. E., 299, it would be very difficult to give serious consideration to a contention that this Trackmobile was an "engine...

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