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NORFOLK & WESTERN RY. CO. v. PUB. UTIL. COMM.

No. 81-423.

68 Ohio St. 2d 97 (1981)

NORFOLK & WESTERN RAILWAY CO. ET AL., APPELLANTS, v. THE PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided December 2, 1981.

Attorney(s) appearing for the Case

Mr. Richard W. Kienle and Mr. John A. Daily, for appellants.

Mr. William J. Brown, attorney general, Mr. Marvin I. Resnik and Mr. Donn D. Rosenblum, for appellee.

Per Curiam.

Appellants primarily contend that Norfolk & Western's cost analysis constituted uncontroverted evidence that the nine percent increase would not cover the actual cost of service and that the commission acted unlawfully in refusing to accept that evidence as proof that the rate was reasonable.

The commission is given broad discretion in determining the weight to be given to evidence before...

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