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DiFRANCO v. FIRST ENERGY

No. 2010-G-2990.

2011 Ohio 5434

Carl Difranco, et al., Plaintiffs-Appellants, v. First Energy, et al., Defendants-Appellees.

Court of Appeals of Ohio, Eleventh District, Geauga County.

October 21, 2011.

Attorney(s) appearing for the Case

Timothy J. Grendell , Grendell & Simon Co., L.P.A., 6640 Harris Road, Broadview Heights, OH 44147 and Michael E. Gilb , 7547 Central Parke Boulevard, P.O. Box 773, Mason, OH 45050 (For Plaintiffs-Appellants).

David A. Kutik and Jeffrey W. Saks , Jones Day, North Point, 901 Lakeside Avenue, Cleveland, OH 44114; and Douglas R. Cole and Grant W. Garber , Jones Day, 325 John H. McConnell Boulevard, Suite 600, Columbus, OH 43215-2673 (For Defendants-Appellees).

OPINION

TIMOTHY P. CANNON, P.J.

{¶1} Appellants, Carl DiFranco and other named residents of northeast Ohio, appeal the judgment of the Geauga County Court of Common Pleas dismissing their complaint for declaratory and other relief against appellees, First Energy, Cleveland Electric Illuminating Company, and Ohio Edison Company ("the companies"), for lack of subject matter jurisdiction. At issue is whether appellants' complaint represents...

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