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STATE EX REL. MACDONALD v. FERGUSON

No. 32433.

97 N.E.2d 671 (1951)

155 Ohio St. 46

STATE ex rel. MacDONALD et al., d. b. a. Parsons, Brinckerhoff, Hall & MacDonald, v. FERGUSON, Aud.

Supreme Court of Ohio.

March 7, 1951.

Attorney(s) appearing for the Case

Ed D. Schorr and Charles J. Chastang, Columbus, for relators.

Robert L. Drury, Columbus, for respondent.

Herbert S. Duffy and C. William O'Neill, Attys. Gen., Joseph P. Kinneary, Nelson Lancione and Hugh A. Sherer, all of Columbus, for intervening petitioners.

PER CURIAM.

The facts in this case are substantially the same as those involved in State ex rel. Allen v. Ferguson, Ohio Sup., 97 N.E.2d 660, and the questions of law involved are the same. On the authority of that case, the demurrer to the amended answer of the auditor in the instant case is sustained and the writ prayed for is allowed.

Demurrer to amended answer sustained and writ allowed.

WEYGANDT, C. J., and...

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