OHIO POWER CO. v. VILLAGE OF ATTICA

No. 69-682.

23 Ohio St. 2d 37 (1970)

OHIO POWER CO., APPELLANT, v. VILLAGE OF ATTICA ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 15, 1970.


Attorney(s) appearing for the Case

Messrs. Day, Ketterer, Raley, Wright & Rybolt, Mr. John G. Ketterer, Mr. John F. Buchman, Messrs. Spitler & Flynn and Mr. Fred L. Forni, for appellant.

Mr. Robert C. Carpenter, for appellee Village of Attica.

Messrs. George, Greek, King, McMahon & McConnaughey, Mr. Robert P. Mone and Messrs. Tomb & Hering, for appellee North Central Electric Cooperative, Inc.


CORRIGAN, J.

In order to reach the merits of the questions presented in this appeal we must first determine whether the appellant, Ohio Power, has standing to prosecute the action.

R. C. 1702.12(H) provides, in part:

"No lack of, or limitation upon, the authority of a corporation shall be asserted in any action except (1) by the state in an action by it against the corporation, (2) by or on behalf of the corporation against a trustee, an officer, or...

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