ORR FELT CO. v. CITY OF PIQUA

No. 81-1824.

2 Ohio St. 3d 166 (1983)

ORR FELT COMPANY, APPELLANT, v. CITY OF PIQUA, APPELLEE.

Supreme Court of Ohio.

Decided January 5, 1983.


Attorney(s) appearing for the Case

Pratt, Freed & Virzi Co., L.P.A., and Mr. Frederick D. Freed, for appellant.

Mr. Irving I. Saul, Messrs. Spiegel & McDiarmid, Mr. Thomas N. McHugh, Jr., Schwarzwald, Robiner, Wolf & Rock Co., L.P.A., and Mr. Donald M. Robiner, for appellee.

Bell & Randazzo Co., L.P.A., and Mr. John W. Bentine, urging affirmance, for amicus curiae Ohio Municipal Electric Association.


Per Curiam.

The issue presented in this case is whether appellant class is entitled to a refund by appellee of alleged overcharges in electric rates. Appellant's argument is essentially twofold. First, it asserts that appellee set base rates which were too low to recover the costs of operation of the municipal power facility, ostensibly to impress local voters with the economy of their administration, and then billed for fuel adjustment charges which were excessive...

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