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IN RE COUNTY DITCH

No. 32791.

157 Ohio St. 446 (1952)

IN RE SINGLE COUNTY DITCH: THE NEW YORK CENTRAL RD. CO., APPELLANT, v. BOARD OF COUNTY COMMISSIONERS OF WOOD COUNTY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 7, 1952.

Attorney(s) appearing for the Case

Mr. Alva W. Bachman, for appellant.

Mr. Floyd A. Coller, prosecuting attorney, and Mr. Norman O. Holloway, for appellees.

MIDDLETON, J.

Section 6486, General Code, provides for notice to the owner that removal of an obstruction is necessary, for the filing of claims for damages, for hearing thereon by the commissioners and for appeal to the court from the decision of the commissioners with respect to the claim. With respect to the court hearing, the section then provides:

"* * * at such hearings the prosecuting attorney shall represent the county; provided, however, that if the...

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