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B. & O. RD. CO. v. P. U. C.

No. 68-266.

16 Ohio St. 2d 60 (1968)

BALTIMORE & OHIO RD. CO. ET AL., APPELLANTS, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided December 4, 1968.

Attorney(s) appearing for the Case

Mr. Robert O. Smith, Jr., Messrs. Alexander, Ebinger, Holschuh & Fisher, and Mr. John D. Holschuh, for appellant Baltimore & Ohio Railroad Company.

Mr. Donald A. Brinkworth, for appellant Penn Central Company.

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

TAFT, C. J.

The railroad contends that the commission had no jurisdiction to order the railroad to continue operation of its trains Nos. 31 and 32 after January 26, 1968.

In Delaware v. Pub. Util. Comm. (1954), 161 Ohio St. 332, 119 N.E.2d 77, this court held that Sections 504-2 and 504-3, General Code (now Sections 4905.20 and 4905.21, Revised Code), did not require a railroad to secure authority from...

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