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STATE, EX REL. CENTRAL STORES CO. v. MAIDEN

No. 34092.

162 Ohio St. 167 (1954)

THE STATE, EX REL. THE CENTRAL STORES CO., v. MAIDEN, JR., JUDGE.

Supreme Court of Ohio.

Decided October 27, 1954.

Attorney(s) appearing for the Case

Messrs. Stanley, Smoyer & Schwartz, Mr. Carl Clark, Messrs. Harrington, Huxley & Smith and Mr. Eldon S. Wright, for relator.

Mr. Harry H. Hull, for respondent.

Per Curiam.

The motion to attach the answer and cross-petition to the petition in prohibition is allowed and it is unnecessary to pass on the motion to dismiss the petition inasmuch as the court is disposing of the case on the demurrer.

The determinative question presented is whether, under the facts, the company is entitled to a writ of prohibition. The writ will ordinarily be awarded where there is no...

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