State ex rel. City of Hamilton v. Public Utilities Commission
10 Ohio St. 2d 172 | Ohio | 1967
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.
