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  5. 17 Ohio St. 2d 45 (1969)
 

OHIO BELL TELEPHONE CO. v. PUB. UTIL. COMM.

Nos. 68-336 and 68-337.

17 Ohio St. 2d 45 (1969)

THE OHIO BELL TELEPHONE CO., APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. THE CINCINNATI AND SUBURBAN BELL TELEPHONE CO., APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided March 5, 1969.

Attorney(s) appearing for the Case

Mr. Charles B. Ballou, Mr. Michael L. Shatten, Mr. Clay Mock and Messrs. Arter, Hadden, Wykoff & Van Duzer, for appellant in case No. 68-336.

Mr. Charles G. Puchta, Mr. Earl R. Huffman and Messrs. Frost & Jacobs, for appellant in case No. 68-337.

Mr. Paul W. Brown, attorney general, and Mr. J. Phillip Redick, for appellee.

O'NEILL, J.

It is apparently conceded that the appellants' applications are for the establishment of rates for a new service and not for an increase in rates.

The appellants contend that where an application is not for an increase in rates a duty is imposed upon the commission to permit the filing of a schedule of the rates proposed in such application and to fix the time when such schedule is to take effect.

The appellee contends that it may refuse...

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