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FOREST HILLS UTILITY CO. v. CITY OF HEATH, OHIO

No. 75-1310.

539 F.2d 592 (1976)

FOREST HILLS UTILITY COMPANY and David R. Pheils, Jr., Plaintiffs-Appellants, v. CITY OF HEATH, OHIO, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 26, 1976.

Attorney(s) appearing for the Case

Charles E. Brant, Glander, Brant, Ledman & Newman, Columbus, Ohio, David R. Pheils, Jr., Toledo, Ohio, for plaintiffs-appellants.

William J. Brown, Atty. Gen. of Ohio, Norman P. Solze, Thomas V. Martin, Joel S. Taylor, David E. Northrop, Charles S. Rawlings, Thomas J. Conaty, Gerald L. Draper, Bricker, Evatt, Barton & Eckler, Columbus, Ohio, for defendants-appellees.

Rudolph Janata, James S. Oliphant, Wright, Harlor, Morris & Arnold, Columbus, Ohio, for defendants-appellees.

Before EDWARDS and ENGEL, Circuit Judges and HARVEY, District Judge.

ENGEL, Circuit Judge.

Appellant Forest Hills Utility Company and David Pheils, Jr. (Pheils) filed in the district court a thirteen count complaint, naming as defendants the City of Heath, Ohio and 38 individuals. The Complaint was brought under the Civil Rights Acts, 42 U.S.C. §§ 1983, 1985(3) and 1986, and jurisdiction was premised upon 28 U.S.C. §§ 1343(3) and 1331. The complaint charged essentially that the defendants both individually and by...

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