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GENE'S, INC., v. PUB. UTIL. COMM.

No. 76-998.

50 Ohio St. 2d 181 (1977)

GENE'S, INC., APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 15, 1977.

Attorney(s) appearing for the Case

Paul F. Beery Co., L. P. A., and Mr. Michael Spurlock, for appellant.

Mr. William J. Brown,attorney general, Mr. Charles S. Rowlings and Mr. Mark Sholander, for appellee Public Utilities Commission.

Messrs. Sanborn, Brandon & Duvall, Mr. James Duvall and Mr. E.H. van Deusen, for appellee intervenor.

Per Curiam.

Appellant asserts that the 60-day order did not detail with sufficient particularity the manner in which appellant was to improve its service.

R. C. 4921.10 and 4921.12, then in effect,2 provide a two-tier process for the granting of a new certificate of public necessity and convenience by the commission. The first tier is a determination of whether a new certificate should be granted to an applicant, which necessarily...

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