CITY OF CINCINNATI v. PUB. UTIL. COMM.

No. 91-1774.

63 Ohio St.3d 366 (1992)

CITY OF CINCINNATI, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 20, 1992.


Attorney(s) appearing for the Case

Fay D. Dupuis, City Solicitor, and Richard Ganulin, for appellant city of Cincinnati.

Lee I. Fisher, Attorney General, James B. Gainer, Duane W. Luckey and Jeffrey D. Van Niel, for appellee Public Utilities Commission of Ohio.

James J. Mayer and Michael A. Gribler; Squire, Sanders & Dempsey, Alan P. Buchmann, Arthur E. Korkosz and Debra J. Horn, for intervening appellee Cincinnati Gas & Electric Company.


Per Curiam.

The narrow issue presented by appellees' motions to dismiss is whether the commission's July 18, 1991 order, as affirmed by its August 15, 1991 entry on rehearing, is final and appealable. We hold that it is not.

R.C. 4903.13 provides in part:

"A final order made by the public utilities commission shall be reversed, vacated, or modified by the supreme court on appeal, if, upon consideration of the record, such court is of the opinion...

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