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SANDERS TRANSFER, INC. v. PUB. UTIL. COMM.

Nos. 78-932 and 78-945.

58 Ohio St. 2d 21 (1979)

SANDERS TRANSFER, INC., APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES. C. H. HOOKER TRUCKING COMPANY ET AL., APPELLANTS, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided April 18, 1979.

Attorney(s) appearing for the Case

Messrs. Sanborn, Brandon & Duvall and Mr. James Duvall, for Sanders Transfer, Inc., appellant in case No. 78-932 and intervening appellee in case No. 78-945.

Messrs. Muldoon, Pemberton & Ferris and Mr. Boyd B. Ferris, for C. H. Hooker Trucking Co. and Fred Fairall Construction Co., appellants in case No. 78-945 and intervening appellee in case No. 78-932.

Mr. William J. Brown, attorney general, Mr. Marvin I. Resnik and Mr. Jonathan L. Heller, for appellee.

Per Curiam.

Complainants contend first that the commission's determination to postpone deciding the alleged jurisdictional issue pertaining to the 1925 Certificate was unreasonable and unlawful. This contention is without merit in that the commission's refusal to presently respond to a request of nullification which initially surfaced during the public hearings was clearly within the commission's discretion. It is well settled that:

"* * * The public...

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