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STATE, EX REL. THE GENERAL TIRE & RUBBER CO. v. MORSE

No. 33428.

160 Ohio St. 559 (1954)

THE STATE, EX REL. THE GENERAL TIRE & RUBBER CO., v. MORSE ET AL., INDUSTRIAL COMMISSION OF OHIO.

Supreme Court of Ohio.

Decided February 10, 1954.

Attorney(s) appearing for the Case

Messrs. Wise, Roetzel, Maxon, Kelly & Andress, for relator.

Mr. C. William O'Neill, attorney general, Mr. Chalmers P. Wylie, Mr. Paul Tague, Jr., and Mr. James F. DeLeone, for respondents.

Per Curiam.

The primary question which arises in the minds of the members of the court is whether mandamus is a proper or available remedy in a situation of the kind described.

Immediately suggesting itself is the proposition that mandamus is an extraordinary legal remedy which may not be invoked if there exists an ordinary, adequate and available course of procedure. Moreover, mandamus is a writ the issuance...

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