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ALLEN v. PUB. UTIL. COMM.

No. 87-1560.

40 Ohio St. 3d 184 (1988)

ALLEN, D.B.A. J & M TRUCKING, ET AL., APPELLANTS, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 30, 1988.

Attorney(s) appearing for the Case

Sanborn, Brandon & Duvall Co., L.P.A., James Duvall and Clifton G. Valentine, Jr., for appellants.

Earl N. Merwin, for intervening appellant.

Anthony J. Celebrezze, Jr., attorney general, Robert S. Tongren and Elizabeth H. Watts, for appellee.

Goldman, Seiberling, Davis & Tsarnas and James E. Davis, for intervening appellee.

MOYER, C.J.

Appellants argue that by summarily dismissing their protests, the commission failed to take into consideration certain requirements of R.C. 4921.10 and, by implication, R.C. 4903.09. We disagree and affirm the order of the commission.

R.C. 4921.10 provides in part:

"Before granting any certificate the commission shall take into consideration other existing transportation facilities in the territory for which a certificate is sought. If...

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