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STATE EX REL. CINCINNATI BELL TEL. CO. v. PUB. UTIL. COMM.

2004-1122.

103 Ohio St.3d 1459 (2004)

2004-Ohio-5056

STATE EX REL. CINCINNATI BELL TEL. CO. v. PUB. UTIL. COMM.

Supreme Court of Ohio.

September 29, 2004.

In Mandamus. On S.Ct.Prac.R. X(5) determination and consideration of respondent's motions to dismiss and to strike. Upon consideration,

IT IS HEREBY ORDERED that respondent's motion to strike is granted and the August 13, 2004 affidavit of Douglas E. Hart and all references to it in relator's August 16, 2004 memorandum in opposition to respondent's motion to dismiss are stricken.

IT IS FURTHER ORDERED that respondent's motion to dismiss is denied and an alternative...

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