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STATE, EX REL. KLING v. NIELSEN, SUPT.

No. 2374.

103 Ohio App. 60 (1957)

THE STATE, EX REL. KLING ET AL., v. NIELSEN, SUPT., ET AL.

Court of Appeals of Ohio, Montgomery County.

Decided March 1, 1957.

Attorney(s) appearing for the Case

Messrs. Sharis, Singer & Brown, for relators.

Mr. Maurice J. Gilbert, city attorney, and Mr. Joseph P. Duffy, for respondents.

WISEMAN, J.

This is an action in mandamus invoking the original jurisdiction of this court.

Relators, for their first cause of action in their amended petition, allege that they are the owners or have an equitable interest in lots Nos. 43410, 43411, 43412, 43413 and 43414 of the consecutive numbers of lots on the revised plat of the city of Dayton, Ohio; that said lots are located on state highway route No. 49, at the intersection of Salem Avenue and Elsmere...

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