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STATE EX REL. McCANN v. CITY OF DEFIANCE

No. 35284.

167 Ohio St. 313 (1958)

THE STATE, EX REL. McCANN, APPELLANT, v. CITY OF DEFIANCE ET AL., APPELLEES.

Supreme Court of Ohio.

Decided February 19, 1958.

Attorney(s) appearing for the Case

Mr. Karl H. Weaner, Jr., and Mr. John W. Winn, for appellant.

Mr. Charles A. Bakle, city solicitor, and Mr. Alner D. Ryan, for appellees.

TAFT, J.

Relator instituted an original mandamus action in the Court of Appeals for Defiance County to compel the city of Defiance, which is a noncharter municipal corporation and is herein referred to as the city, to issue a permit to tap into a water line and furnish water service to relator's premises from the municipal waterworks system owned and operated by that city, "at a rate not in excess of" that permitted or...

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