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CITY OF AKRON v. P. U. C.

Nos. 39381 and 39385.

5 Ohio St. 2d 237 (1966)

CITY OF AKRON, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES. CITY OF CANTON ET AL., APPELLANTS, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 23, 1966.

Attorney(s) appearing for the Case

Mr. R. C. Sheppard, director of law, Mr. Robert J. White, Messrs. Steer, Strauss, White & Tobias and Mr. James J. Ryan, for appellant in case No. 39381.

Mr. Harold E. DeHoff, Mr. Richard G. Reichel, Mr. Bronis J. Klementowicz and Mr. James L. Harkins, Jr., for appellants in case No. 39385.

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

Messrs. Jones, Day, Cockley & Reavis, Mr. Walter J. Milde, Mr. James E. Courtney and Mr. Thomas G. Roderick, for appellee East Ohio Gas Company.

BROWN, J.

Two matters decided by the commission preliminary to the hearing on the merits are assigned as error by the appellants.

The first of these concerns the overruling on August 28, 1961, of the motion by Akron, Cleveland and Massillon that the company's application be dismissed as prematurely filed.

The second concerns the preliminary order approving a random-sampling plan proposed by the company as one means of preparing evidence to be presented...

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