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STATE, EX REL. KLAPP v. DAYTON P. & L. CO.

No. 314.

113 Ohio App. 433 (1960)

THE STATE, EX REL. KLAPP, PROSECUTING ATTORNEY, v. DAYTON POWER & LIGHT CO. ET AL.

Court of Appeals of Ohio, Miami County.

Decided November 10, 1960.

Attorney(s) appearing for the Case

Mr. Richard K. Wilson, director of law, Mr. Haveth E. Mau and Mr. Robert Houston French, for relator.

Mr. Franklin L. Shipman, Mr. Julian de Bruyn Kops and Mr. J. R. Newlin, for respondents.

KERNS, J.

This is an action in quo warranto, commenced on March 23, 1933, with the filing of a petition in the Court of Appeals for Miami County, Ohio, by the then prosecuting attorney for that county, Paul T. Klapp. Although the prosecuting attorney is nominally the relator herein, the real party in interest is the city of Piqua, Ohio.

The respondent Irving Trust Company was made a party to the action on October 24, 1934, upon motion of Piqua. On December...

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