BROOKINS v. BELL TELEPHONE CO., 131 Ohio St. 96 (1936)

1 N.E.2d 627

BROOKINS, APPELLANT v. THE OHIO BELL TELEPHONE CO., APPELLEE.

No. 25925Supreme Court of Ohio.
Decided April 29, 1936.

Supreme Court — Dismissals — No debatable constitutional question involved — Public utilities — Class suit to recover increased telephone rates collected under bond — Section 614-20, General Code — Constitutional law — Procedure of Public Utilities Commission upon application for rate increase — Jurisdiction of courts to restrain or interfere with commission — Section 549, General Code.

APPEAL from the Court of Appeals of Cuyahoga county.

Page 97

Mr. Jack B. Dworken, Mr. Harry L. Lodish and Messrs. Orgill, Maschke Wickham, for appellant.

Messrs. Tolles, Hogsett Ginn, Messrs. Henderson, Burr, Randall Porter, Mr. William B. Cockley and Mr. Walter J. Milde, for appellee.

It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.

Appeal dismissed.

WEYGANDT, C.J., STEPHENSON, WILLIAMS, MATTHIAS, DAY and ZIMMERMAN, JJ., concur.

JONES, J., not participating.