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CITY OF AKRON v. PUB. UTIL. COMM.

No. 76-1176.

51 Ohio St. 2d 27 (1977)

CITY OF AKRON ET AL., APPELLANTS, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 6, 1977.

Attorney(s) appearing for the Case

Messrs. Steer, Strauss, White & Tobias, Mr. Robert J. White, Mr. Theodore K. High and Mr. F. Bruce Abel, for appellants.

Mr. William J. Brown, attorney general, Mr. Charles S. Rawlings and Mr. John W. Bentine, for appellee Public Utilities Commission.

Messrs. Jones, Day, Reavis & Pogue, Mr. Victor E. De-Marco, Mr. Lanty L. Smith, Mr. Roy F. Ryan III, Mr. Donald W. Morrison, Mr. Charles B. Ballou and Mr. Ronald L. Orloff, for intervening appellee Ohio Bell Telephone Company.

PAUL W. BROWN, J.

In 1969, after this court's decision in Cincinnati Gas & Electric v. Pub. Util. Comm., supra (173 Ohio St. 473), federal tax law was modified with respect to the use of accelerated depreciation for public utilities. Present Section 167(l) of the Internal Revenue Code, and others which authorize the accelerated depreciation method, are somewhat tangled, but their effect is clear, as...

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