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PENNWALT CORP. v. PSC

Docket No. 45092.

109 Mich. App. 542 (1981)

311 N.W.2d 423

PENNWALT CORPORATION v. PUBLIC SERVICE COMMISSION.

Michigan Court of Appeals.

Decided September 21, 1981.

Attorney(s) appearing for the Case

Dickinson, Wright, McKean, Cudlip & Moon (by Peter S. Sheldon and Gregory L. McClelland), for plaintiff.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Arthur E. D'Hondt and John M. Konwinski, Assistants Attorney General, for the Public Service Commission.

C.C. Nern, R. Larry Drake, and Fisher, Franklin, Ford, Simon & Hogg (by George Hogg, Jr., and Francis E. Bentley), for the Detroit Edison Company.

Before: D.F. WALSH, P.J., and BASHARA and K.B. GLASER, JR., JJ.

BASHARA, J.

The precise issue raised on appeal is whether the Ingham County Circuit Court has the power to grant a refund to a consumer upon a determination that the Michigan Public Service Commission has established an unreasonable or unlawful utility rate.

Plaintiff-appellant Pennwalt Corporation and defendant-appellee Detroit Edison Company entered into an agreement requiring Edison to supply Pennwalt with...

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