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CLEVELAND ELECTRIC ILLUMINATING CO. v. PUB. UTIL. COMM.

Nos. 81-450 and 81-467.

69 Ohio St. 2d 258 (1982)

THE CLEVELAND ELECTRIC ILLUMINATING Co., APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES. OHIO CITIZENS' COUNCIL, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided February 17, 1982.

Attorney(s) appearing for the Case

Messrs. Squire, Sanders & Dempsey, Mr. Alan P. Buchmann and Mr. Arthur E. Korkosz, for appellant The Cleveland Electric Illuminating Co.

Messrs. Thompson, Hine & Flory, Mr. William D. Ginn and Mr. Thomas D. Corrigan, for appellant Ohio Citizens' Council.

Mr. William J. Brown, attorney general, Mr. Marvin I. Resnik, for appellee, Public Utilities Commission of Ohio.

Mr. Thomas E. Wagner, director of law, and Mr. Craig A. Glazer, for intervening appellee, city of Cleveland.

CELEBREZZE, C. J.

The commission's Order on Rehearing, which disallowed charitable contributions, was based on the "belief that the court in the Cleveland case, supra, had determined as a matter of law that a company's charitable donations were not a `cost to the utility of rendering the public utility service' within the meaning of that phrase as employed in Section 4909.15(A)(4) Revised Code."

Appellants and the amici argue that the utilities...

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