OHIO BELL TEL. CO. v. PUB. UTIL. COMM.

Nos. 87-2208 and 88-1282.

49 Ohio St. 3d 123 (1990)

OHIO BELL TELEPHONE COMPANY, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided February 28, 1990.


Attorney(s) appearing for the Case

Donald W. Morrison and Charles S. Rawlings, for appellant.

Anthony J. Celebrezze, Jr., attorney general, Robert S. Tongren and Thomas W. McNamee, for appellee.

Emens, Hurd, Kegler & Ritter Co., L.P.A., Samuel C. Randazzo, John C. McDonald and Roger P. Sugarman, for intervening appellee.


Per Curiam.

Ohio Bell contends the commission erred in finding that it provided Carpet Color with legally inadequate telephone service. We disagree and affirm the orders of the commission.

In the proceeding below, the burden rested upon Carpet Color to demonstrate, by a preponderance of the evidence, that the telephone service provided by Ohio Bell was inadequate. See, e.g., Ohio Bell Tel. Co. v. Pub. Util. Comm. (1984),

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