State ex rel. City of Hamilton v. Public Utilities Commission

Ohio Supreme Court

State ex rel. City of Hamilton v. Public Utilities Commission

226 N.E.2d 113, 10 Ohio St. 2d 172, 39 Ohio Op. 2d 168, 1967 Ohio LEXIS 386

CourtOhio Supreme Court

DecidedApril 26, 1967

DocketNo. 40693

StatusPublished

Cited by2 cases

This text of 226 N.E.2d 113 (State ex rel. City of Hamilton v. Public Utilities Commission) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. City of Hamilton v. Public Utilities Commission, 226 N.E.2d 113, 10 Ohio St. 2d 172, 39 Ohio Op. 2d 168, 1967 Ohio LEXIS 386 (Ohio 1967).

Pincite

Opinion

Per Curiam.

The questions raised by respondent in this action were determined in the foregoing injunction case in Butler County. Relator was a party to that action and respondent, although not a party, upon appeal appeared as amicus curiae in the Supreme Court. Furthermore, the real party interested in sustaining respondent’s position in this case is Cincinnati Gas & Electric Company, which was a party in the Butler County case. Under such circumstances, the issue is res judicata.

The demurrer is overruled, and the writ of prohibition is allowed.

Writ allowed.

Taet, C. J., Zimmerman, Matthias, O’Neill, Herbert, Schneider and Brown, JJ., concur.

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