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STATE, EX REL. GIAMARCO v. SMITH

No. 6025.

110 Ohio App. 65 (1959)

THE STATE, EX REL. GIAMARCO, APPELLANT, v. SMITH ET AL., APPELLEES.

Court of Appeals of Ohio, Franklin County.

Decided April 28, 1959.

Attorney(s) appearing for the Case

Messrs. Butler, Addison, Smith & Carmack, for appellant.

Mr. Mark McElroy, attorney general, and Mr. Walter M. Shea, for appellees.

WISEMAN, J.

This is an appeal on questions of law from a judgment of the Common Pleas Court of Franklin County dismissing a petition for a writ of mandamus after a hearing on the merits.

Relator, Henry Giamarco, a resident of Franklin County, as a citizen and taxpayer of the state of Ohio, a fireman by occupation and a member of the Ohio State Fireman's Association, Inc., filed this action in the Common Pleas Court of Franklin County, seeking a writ of mandamus...

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