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STATE, EX REL. CITY OF MANSFIELD v. ECKHART ET AL., PUBLIC UTILITIES COMMISSION

No. 72-198.

30 Ohio St. 2d 278 (1972)

THE STATE, EX REL. CITY OF MANSFIELD, v. ECKHART ET AL., PUBLIC UTILITIES COMMISSION OF OHIO.

Supreme Court of Ohio.

Decided June 21, 1972.

Attorney(s) appearing for the Case

Messrs. Steer, Strauss, White & Tobias, Mr. Robert J. White and Mr. Theodore K. High, for relator.

Mr. John M. Lothschuetz, Mr. John A. Rozic and Mr. Claude M. Warren, for intervenor, United Telephone Company of Ohio.

Mr. William J. Brown, attorney general, and Mr. Thomas P. Michael, for the Public Utilities Commission.

Per Curiam.

In urging that prohibition should issue to prevent the commission from reopening this case, relator relies substantially on State, ex rel. Zielonka, v. Marshall (1918), 98 Ohio St. 467. Such reliance is misplaced as Zielonka involved a contract which was entered into by the parties and "* * * which agreement was made subject to the order and approval of the Utilities Commission." The parties here entered into stipulations and...

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