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STATE v. DAYTON POWER & LIGHT COMPANY

Law No. 847.

170 F.Supp. 722 (1957)

STATE of Ohio, on the Relation of Paul T. KLAPP, Prosecuting Attorney in and for Miami County, Ohio, Plaintiff, v. DAYTON POWER & LIGHT COMPANY, an Ohio corporation, et al., Defendants.

United States District Court S. D. Ohio, W. D.

On Motion for New Trial, December 11, 1957.

Attorney(s) appearing for the Case

R. K. Wilson, Director of Law, Piqua, Ohio (Successor to Bernard S. Keyt,) J. H. DeWeese, Pros. Atty., Troy, Ohio, Haveth E. Mau, Robert Houston French, Cincinnati, Ohio, for plaintiff.

Franklin L. Shipman, Troy, Ohio, Julian De Bruyn Kops, Jr., J. R. Newlin, Dayton, Ohio, for defendants.

CECIL, District Judge.

This is an action in Quo Warranto brought by the State of Ohio on the relation of Paul T. Klapp, Prosecuting Attorney of Miami County, Ohio. It was originally filed in the Court of Appeals of Miami County, Ohio. Thereafter, the Knickerbocker Trust Co., and the Irving Trust Co., both New York corporations, were made parties defendant to the action and the case was removed to this Court by reason of diversity of citizenship.

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