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CINCINNATI GAS & ELECTRIC COMPANY v. POPE

No. 77-695.

54 Ohio St. 2d 12 (1978)

THE CINCINNATI GAS & ELECTRIC COMPANY ET AL., APPELLEES, v. POPE ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided April 5, 1978.

Attorney(s) appearing for the Case

Messrs. Beirne & Wirthlin, Mr. C. R. Beirne and Mr. Michael A. Fulton, for appellees.

Mr. Robert E. Manley, Mr. Joseph R. Jordan and Mr. Timothy A. Fischer, for appellants.

CELEBREZZE, J.

The sole question presented for our determination is whether a Court of Appeals has jurisdiction to review a lower court's order, entered pursuant to R. C. 163.09(B), in favor of an appropriating agency on one or more of the preliminary issues relative to appropriation, i. e., the condemnor's right to make an appropriation, the inability of the owners and the condemnor to agree upon monetary compensation, and the necessity for a particular appropriation...

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