STATE, EX REL. FOSTORIA v. KING

Nos. 32385 and 32387.

154 Ohio St. 213 (1950)

THE STATE, EX REL. CITY OF FOSTORIA, v. KING, AUD. THE STATE, EX REL. CITY OF FOSTORIA, v. SEGNER ET AL., COUNCIL.

Supreme Court of Ohio.

Decided October 25, 1950.


Attorney(s) appearing for the Case

Mr. James D. Guernsey, city solicitor, for relator.

Messrs. Squire, Sanders & Dempsey, Mr. Henry J. Crawford, Mr. William N. Gates and Mr. John J. Adams, for respondents.


TAFT, J.

Case No. 32387 is an action in mandamus originating in this court and was heard on a demurrer to the petition.

So far as material to consideration of the question presented, the petition alleges that the city of Fostoria, a noncharter city, had "constructed and for many years * * * operated and is now operating as a public utility sewers and appurtenant facilities for the collection and disposal of sanitary sewage in said city, the service of which...

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