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ZIMMER v. HAGERMAN, DIR.

No. 32000.

153 Ohio St. 187 (1950)

ZIMMER ET AL., APPELLANTS, v. HAGERMAN, DIRECTOR OF FINANCE FOR THE CITY OF DAYTON ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 8, 1950.

Attorney(s) appearing for the Case

Mr. II. P. Williamson, for appellants.

Mr. Herbert S. Beane, city attorney, Mr. M. J. Gilbert and Mr. Cecil E. Edwards, for appellees.

BY THE COURT.

The decision in this case would follow the decision in the case of Angell v. City of Toledo, ante, 179, decided this day, were it not for the amendment to the charter of the city of Dayton whereby in Section 171 thereof such charter was supplemented and amended.

Under Section 1 of the Dayton charter it is provided in part:

"The inhabitants of the city of Dayton * * * as such shall have perpetual succession; * * * may assess...

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