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BALTIMORE & OHIO RR. CO. v. PUB. UTIL. COMM.

No. 85-476.

22 Ohio St. 3d 275 (1986)

BALTIMORE & OHIO RAILROAD COMPANY, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided March 19, 1986.

Attorney(s) appearing for the Case

Squire, Sanders & Dempsey, James M. Tobin and David J. Hirsch, for appellant.

Anthony J. Celebrezze, Jr., attorney general, Robert S. Tongren and Steven H. Feldman, for appellee.

Ruppert, Bronson & Chicarelli Co., L.P.A., James D. Ruppert and John D. Smith, for intervening appellee Larry R. Miller.

DOUGLAS, J.

The issue in this case is whether the commission erred in finding that the railroad violated its April 28, 1977 and September 1, 1977 orders.2 In resolving this issue, we are mindful of the fact that this court will not disturb a commission order unless it appears from the record that the order is manifestly against the weight of the evidence and is so clearly unsupported by the record as to show misapprehension, mistake or...

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