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STATE, EX REL. CITY OF CINCINNATI v. MOULTON

No. 33612.

160 Ohio St. 397 (1953)

THE STATE, EX REL. CITY OF CINCINNATI, v. MOULTON ET AL., PUBLIC UTILITIES COMMISSION OF OHIO, ET AL.

Supreme Court of Ohio.

Decided December 23, 1953.

Attorney(s) appearing for the Case

Mr. Henry M. Bruestle, city solicitor, Mr. James W. Farrell, Jr., and Mr. Robert J. White, for relator.

Mr. C. William O'Neill, attorney general, Mr. James M. Burtch, Jr., and Mr. Everett H. Krueger, Jr., for respondent Public Utilities Commission.

Messrs. Frost & Jacobs, Mr. Charles G. Puchta, Jr., and Mr. George C. McConnaughey, for respondent The Cincinnati & Suburban Bell Telephone Company.

Per Curiam.

The cause is submitted on demurrers to respondents' answers to relator's petition by which relator seeks a remedy available by appeal, which appeal it has taken. A writ of mandamus may not be invoked as a substitute for the remedy of appeal. The demurrers to the answers are overruled and the writ is denied. State, ex rel. Stein, v. Sohngen, Dir., 147 Ohio St. 359, 71 N.E.2d 483; State, ex rel. Blackburn, v. Court of Appeals...

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