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R.D.S. MOWERY, INC., v. PUB. UTIL. COMM.

No. 80-1389.

66 Ohio St. 2d 22 (1981)

R.D.S. MOWERY, INC., APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided April 8, 1981.

Attorney(s) appearing for the Case

Messrs. Baker & Hostetler, Mr. A. Charles Tell and Mr. Stephen, J. Habash, for appellant.

Mr. William J. Brown, attorney general, Mr. Marvin Resnik and Ms. Marsha R. Schermer, for appellee.

Per Curiam,

R.C. 4921.10 sets forth the standards by which the commission is to determine whether to grant a certificate of public convenience and necessity. It provides, in part:

"The commission may, after notice and hearing, when the applicant requests a certificate to serve in a territory already served by a motor transportation company holding a certificate of public convenience and necessity from the commission, grant a certificate only...

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