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STATE, EX REL. HOFFMAN CANDY & ICE CREAM CO. v. DEFENBACHER

No. 32399.

154 Ohio St. 429 (1951)

THE STATE, EX REL. THE HOFFMAN CANDY & ICE CREAM CO., v. DEFENBACHER, DIR. OF FINANCE.

Supreme Court of Ohio.

Decided January 10, 1951.

Attorney(s) appearing for the Case

Messrs. Jenkins, Sehuessler, Wendt & Gill, for relator.

Mr. Herbert S. Duffy, attorney general, and Mr. Charles T. Kaps, for respondent.

BY THE COURT.

The sole question presented by the pleadings is whether the sums due relator as commissions under its contract with the Department of Liquor Control are properly payable from the liquor control rotary fund.

Section 6064-10, General Code, provides that theTreasurer of State shall be the custodian of all moneys collected by the Department of Liquor Control, except such as are required to be paid into...

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