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IN RE APPROPRIATION BY SUPT. OF PUBLIC WORKS

Nos. 31662 and 31663.

152 Ohio St. 65 (1949)

IN RE APPROPRIATION BY SUPT. OF PUBLIC WORKS: SOWERS, SUPT., APPELLANT, v. SCHAEFFER ET AL., APPELLEES. IN RE APPROPRIATION BY SUPT. OF PUBLIC WORKS: SOWERS, SUPT., APPELLANT, v. LORAIN CONCRETE PRODUCTS, INC., APPELLEE.

Supreme Court of Ohio.

Decided June 29, 1949.

Attorney(s) appearing for the Case

Mr. Herbert S. Duffy, attorney general, Mr. Frank Wilke, Messrs. Horwitz, Kiefer & Harmel, Mr. George P. Baer and Mr. Stanley I. Adelstein, for appellant.

Mr. Frank E. Stevens, Mr. J. J. Smythe, Mr. Richard S. Horan, Mr. Dan K. Cook, Mr. Charles A. Chapla and Mr. J. W. Dilgren, for appellees.

ZIMMERMAN, J.

These two cases are lodged in this court for decision on their merits pursuant to the allowance of motions to require the Court of Appeals to certify its records.

No evidence was offered in the trial court—the Court of Common Pleas—and the controversies were there determined adversely to the appellant herein upon motions and demurrers directed to the certificates of appropriation which were filed on July 28, 1948, by appellant,...

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