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CLEVELAND ELECTRIC ILLUM. CO. v. CLEVELAND

Nos. 34959 and 35002.

50 Ohio App. 2d 275 (1976)

CLEVELAND ELECTRIC ILLUMINATING CO., APPELLANT, v. CITY OF CLEVELAND, APPELLEE. CLEVELAND ELECTRIC ILLUMINATING CO., APPELLEE, v. CITY OF CLEVELAND, APPELLANT.

Court of Appeals of Ohio, Cuyahoga County.

Decided December 2, 1976.

Attorney(s) appearing for the Case

Messrs. Bartunek, Bennett & Garofoli, Mr. Isaac Schulz and Mr. Donald H. Hauser, for the Cleveland Electric Illuminating Company.

Mr. Vincent Campanella, Mr. Robert D. Hart and Mr. William B. Schatz, for the city of Cleveland.

JACKSON, C. J.

The City of Cleveland (hereinafter designated "City," appellee in Case No. 34959 and appellant in Case No. 35002) operates the Municipal Electric Light Plant (hereinafter designated "MELP") serving approximately twenty per cent (20%) of the retail load within the City of Cleveland. The remainder of that load is served by the Cleveland Electric Illuminating Company (hereinafter designated "CEI," appellant in Case No. 349-59, and appellee in Case No....

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