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STATE, EX REL. FISCHER CONSTR. CO. v. LINZELL

No. 5384.

101 Ohio App. 219 (1955)

THE STATE, EX REL. FISCHER CONSTRUCTION CO., v. LINZELL.

Court of Appeals of Ohio, Franklin County.

Decided December 12, 1955.

Attorney(s) appearing for the Case

Mr. Sol Goodman and Mr. Robert C. Tyler, for relator.

Mr. C. William O'Neill, attorney general, and Mr. Hugh E. Kirkwood, Jr., for respondent.

HORNBECK, J.

This cause is submitted on a demurrer to the petition, the demurrer consisting of two branches:

1. The allegations included in the petition do not constitute a cause of action.

2. The court does not have jurisdiction of the subject of the action.

The material averments of the petition are: That relator, a construction contractor, pursuant to advertisement of the Director of Highways requesting bids, bid on the construction of 7...

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