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CITY OF COLUMBUS v. P. U. C.

Nos. 78-1235 and 78-1287.

58 Ohio St. 2d 427 (1979)

CITY OF COLUMBUS, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. OHIO MUNICIPAL ELECTRIC ASSOCIATION ET AL., APPELLANTS, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided June 20, 1979.

Attorney(s) appearing for the Case

Mr. Gregory S. Lashutka, city attorney, Mr. Patrick M. McGrath and Mr. John W. Bentine, for appellant city of Columbus.

Mr. John C. Young and Mr. Michael Allerding, for appellants Ohio Municipal Electric Association et al.

Mr. William J. Brown, attorney general, Mr. Marvin I. Resnik and Mr. Kevin F. Duffy, for appellee.

HOLMES, J.

The first issue presented by these appeals is whether municipally owned or operated electric light companies are "electric light companies" within the purview of R. C. 4905.70.

R. C. 4905.70 provides, in pertinent part, that:

"* * * The public utilities commission, by a rule adopted no later than October 1, 1977, and effective and applicable no later than November 1, 1977, shall require each...

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