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STATE, EX REL. JONES v. BRYANT

No. 33008.

159 Ohio St. 59 (1953)

THE STATE, EX REL. JONES, v. BRYANT, DIR.

Supreme Court of Ohio.

Decided March 4, 1953.

Attorney(s) appearing for the Case

Mr. Isadore Topper, Mr. Leonard Stern and Mr. David Howell, for relatrix.

Mr. C. William O'Neill, attorney general, Mr. Robert E. Leach and Mr. Brown W. Pettit, for respondent.

HART, J.

The record discloses that, before this action was commenced, the Director of Liquor Control issued to relatrix D-1 and D-2 permits. Therefore, this action now relates solely to the refusal of the director to transfer to relatrix and to renew a D-3 permit.

The decisive question in this case is whether, assuming that there was a duty upon the respondent to transfer the permit in question in compliance with

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