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GAS CO. v. AKRON

No. 8750.

60 Ohio App. 2d 21 (1978)

EAST OHIO GAS COMPANY, APPELLEE, v. THE CITY OF AKRON, APPELLANT.

Court of Appeals of Ohio, Summit County.

Decided September 13, 1978.

Attorney(s) appearing for the Case

Mr. John M. Glenn, for appellee.

Mr. John E. Holcomb, for appellant.

Mr. William J. Brown, Attorney General, and Mr. Marvin I. Resnik, for intervenor, Public Utilities Commission of Ohio.

MAHONEY, P.J.

The defendant, the city of Akron, appeals the judgment of the Court of Common Pleas finding ordinance 133-1977, purporting to regulate certain activities of the plaintiff, East Ohio Gas Company, invalid. We affirm.

Facts

City council enacted ordinance 133-1977 on February 14, 1977. This ordinance purports to amend or supplement the plaintiff's franchise to distribute natural gas in the city. This franchise was given in ordinance...

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