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BOYLE-MIDWAY v. PUB. UTIL. COMM.

No. 70-323.

25 Ohio St. 2d 11 (1971)

BOYLE-MIDWAY, DIVISION OF AMERICAN HOME PRODUCTS CORPORATION, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided February 3, 1971.

Attorney(s) appearing for the Case

Mr. Richard H. Brandon, for appellant.

Mr. Paul W. Brown, attorney general, Mr. Sheldon A. Taft, Mr. Gerald P. Wadkowski and Mr. Donald E. Ely, for appellee.

DUNCAN, J.

We are urged by appellant to hold that the commission's decision is unreasonable and unlawful in that the tariff committee failed to sustain its burden of proof under R. C. 4909.271 to establish the tariff alteration as reasonable and just, appellant maintaining that the reasonableness and lawfulness of the tariff could not be supported by the type of evidence adduced.

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