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PALMER v. COLUMBIA GAS OF OHIO, INC.

No. 72-1772.

479 F.2d 153 (1973)

Morris A. PALMER et al., Plaintiff-Appellee, and Alice Taylor et al., Intervening Plaintiff-Appellee, v. COLUMBIA GAS OF OHIO, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 22, 1973.

Attorney(s) appearing for the Case

Cary Rodman Cooper and Richard S. Walinski, Toledo, Ohio, for defendant-appellant; Franklin F. Hayward, Hayward, Cooper, Straub, Walinski, Cramer & Co., Toledo, Ohio, R. N. Mahaffey, Columbus, Ohio, on brief.

Russell A. Kelm and Joseph F. Vargyas, Toledo, Ohio, for plaintiff-appellee; R. Michael Frank, Frank S. Merritt, ABLE, INC., Toledo, Ohio, on brief.

Edward J. Dailey, National Consumer Law Center, Inc., Chestnut Hill, Mass., on brief for amicus curiae.

Franklin Arthur Martens, Ohio State Legal Services Assn., Columbus, Ohio, on brief for amici curiae.

Before EDWARDS, PECK and Mc-CREE, Circuit Judges.

JOHN W. PECK, Circuit Judge.

I

The plaintiffs, residential customers of natural gas supplied by the defendant Columbia Gas Company, brought this class action for injunctive and declaratory relief and for damages, alleging that their gas service had been terminated under color of state law in violation of their constitutional right to due process.

The Columbia Gas Company is a large, privately owned, pervasively...

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