BUCHANAN v. PUB. UTIL. COMM.

No. 40369.

9 Ohio St. 2d 155 (1967)

BUCHANAN, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided March 15, 1967.


Attorney(s) appearing for the Case

Mr. Lewis S. Witherspoon and Mr. Roger F. Redmond, for appellant.

Mr. William B. Saxbe, attorney general, Mr. J. Philip Redick and Mr. Langdon D. Bell, for appellee.


Per Curiam.

There is no statute giving an applicant before the Public Utilities Commission a right to withdraw or dismiss his application. Although there is a statute authorizing dismissal of a Common Pleas Court action without prejudice, that statute permits such dismissal only "before final submission" of the action to the trier of the facts. Section 2323.05(A), Revised Code; Jacob Laub Baking Co. v....

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