HANING v. PUB. UTIL. COMM.

No. 97-2267.

86 Ohio St.3d 121 (1999)

HANING ET AL., APPELLANTS, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 28, 1999.


Attorney(s) appearing for the Case

Gary M. Smith, Robert R. Romaker, James Daniels and Kalpana Yalamanchili, for appellants Rebecca Haning, Melvina Stephenson, Bernard Marshall, Rodney Reisinger, Larry Mick, and Dorothy Mick.

Betty D. Montgomery, Attorney General, Duane W. Luckey, Thomas W. McNamee and Tanisha L. Lyon, Assistant Attorneys General, for appellee Public Utilities Commission of Ohio.

J.B. Yanity, for appellee Rutland Furniture, Inc.

Cavitch, Familo, Durkin & Frutkin and Karen L. Giffin, for appellee Level Propane Company, Inc.

John S. Marshall, urging reversal for amici curiae, Ohio Partners for Affordable Energy and Ohio Association of Community Action Agencies.

Sowash, Carson & Ferrier and Jonathan B. Sowash, urging reversal for amici curiae, Rural Action, Inc. and Appalachian Peoples Action Coalition.

Nancy Brockway, pro hac vice, urging reversal for amicus curiae, National Consumer Law Center.

Means, Bichimer, Burkholder & Baker Co., L.P.A., Craig D. Leister and Matthew J. Markling, urging affirmance for amicus curiae, Ohio Propane Gas Association.


LUNDBERG STRATTON, J.

Rebecca Haning and Melvina Stephenson brought suit against a supplier of LP gas in the Athens County Municipal Court for alleged violations of the Ohio Consumer Sales Practices Act (R.C. Chapter 1345). The municipal court entered summary judgment for the LP gas supplier, and Haning and Stephenson appealed to the Court of Appeals for Athens County.

On September 30, 1996, the court of appeals affirmed the municipal court on...

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