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DAYTON POWER & LIGHT CO. v. PUB. UTIL. COMM.

No. 82-526.

4 Ohio St. 3d 91 (1983)

DAYTON POWER & LIGHT COMPANY, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided April 13, 1983.

Attorney(s) appearing for the Case

Mr. Stephen F. Koziar, Jr., Smith & Schnacke Co., L.P.A., Mr. Charles J. Faruki, Mr. Paul L. Horstman and Mr. D. Jeffrey Ireland, for appellant.

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

Mr. William A. Spratley, consumers' counsel, Mr. Timothy C. Jochim and Ms. Janine L. Migden, for intervening appellee.

SWEENEY, J.

This appeal presents three issues for review. The first is whether the commission erred in disapproving appellant's proposed posttest-year wage adjustment. The second is whether the commission properly denied recovery of the increased excise tax levy imposed by Am. S.B. No. 448. The third is whether the exclusion of the Killen expenditures pursuant to R.C. 4909.15(A)(4) amounts to the confiscation of appellant's property in violation of the Fifth and Fourteenth...

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