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AMERICAN DIST. TELEGRAPH CO. OF CINCINNATI v. PUB. UTIL. COMM.

Nos. 73-891, 73-942 and 73-949.

40 Ohio St. 2d 83 (1974)

THE AMERICAN DISTRICT TELEGRAPH CO. OF CINCINNATI ET AL., APPELLANTS, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES. KUCINICH, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. CITY OF CLEVELAND, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided December 18, 1974.

Attorney(s) appearing for the Case

Mr. John J. Gill, for appellants in case No. 73-891.

Mrs. Esther S. Weissman, for appellant in case No. 73-942.

Mr. Herbert R. Whiting, director of law, Mr. Robert D. Hart and Mr. William B. Schatz, for appellant in case No. 73-949.

Mr. William J. Brown, attorney general, and Mr. Keith F. Henley, for appellee Public Utilities Commission.

Messrs. Jones, Day, Cockley & Reavis, Mr. James E. Courtney, Mr. Lanty L. Smith, Mr. Charles B. Ballou and Mr. Ronald L. Orloff, for appellee Ohio Bell Telephone Co.

Per Curiam.

Appellants primarily contend that the rate structure approved by the Public Utilities Commission unlawfully discriminates against them. Because appellants believe that their rates for telephone service inside Cuyahoga County are arbitrarily higher than those in other areas of Ohio, they challenge the validity of the "banding system" which Ohio Bell used to help set telephone rates in this state.

The concept of "banding" developed after this...

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