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S. C. ASSN. v. P. U. C.

No. 39037.

3 Ohio St. 2d 1 (1965)

SHOPPING CENTERS ASSOCIATION OF NORTHERN OHIO ET AL., APPELLANTS, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 30, 1965.

Attorney(s) appearing for the Case

Messrs. Metzenbaum, Gaines, Schwartz, Krupansky, Finley & Stern and Mr. Robert B. Krupansky, for appellants.

Mr. William B. Saxbe, attorney general, and Mr. Theodore K. High, for appellee Public Utilities Commission.

Mr. Lee C. Howley, Mr. Donald H. Hauser, Mr. Harry G. Fitzgerald, Jr., Messrs. Squire, Sanders & Dempsey, Mr. John P. Lansdale, Jr. and Mr. Alan P. Buchmann, for appellee Cleveland Electric Illuminating Company.

ZIMMERMAN, J.

Public utilities generally, empowered by law to exercise the right of eminent domain and not infrequently comprising monopolies which furnish services, products, or both, to the public, such products often consisting of electric energy, are subject to supervision, regulation and control by governmental agencies established for such purpose, which agencies function, inter alia, to protect those served by the utilities with respect to the fairness...

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