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OHIO WATER SERVICE CO. v. PUB. UTIL. COMM.

No. 82-304.

3 Ohio St. 3d 1 (1983)

OHIO WATER SERVICE COMPANY, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided February 9, 1983.

Attorney(s) appearing for the Case

Messrs. Murphey, Young & Smith and Mr. Frank C. Dunbar III, for appellant.

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

Per Curiam.

The sole issue presented by this appeal is whether the facts of this case fall within our decision in Consumers' Counsel v. Pub. Util. Comm. (1981), 67 Ohio St.2d 372 [21 O.O.3d 234]. In that case we held that the commission abused its discretion by including in the rate increase post-test period labor costs incurred by a labor contract negotiated after the end of the test year. In its order...

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