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STATE, EX REL. MASTERSON v. RACING COM.

No. 33984.

162 Ohio St. 366 (1954)

THE STATE, EX REL. MASTERSON, A TAXPAYER, APPELLANT, v. OHIO STATE RACING COMMISSION ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 15, 1954.

Attorney(s) appearing for the Case

Mr. George J. McMonagle, Mr. Robert E. Sweeney, Mr. Edward J. Beran, Mr. William E. Mahon and Mr. William J. O'Neill, for appellant.

Mr. C. William O'Neill, attorney general, and Mr. Hugh A. Sherer, for appellees.

Messrs. Connor & Connor, for appellee, Delaware County Fair Society.

WEYGANDT, C. J.

The sole question before this court for review is whether the lower courts were in error in holding that the relator taxpayer is without legal capacity to sue.

At the threshold of this discussion it is important to observe that the relator taxpayer makes no claim that he is authorized by statute to institute this action.

The question then is reduced to whether the relator possesses such authority under the principles of the

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