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STATE EX REL. LYNCH v. CHESNEY

No. 4128.

113 Ohio App. 55 (1960)

THE STATE, EX REL. LYNCH, v. CHESNEY ET AL.

Court of Appeals of Ohio, Mahoning County.

Decided August 17, 1960.

Attorney(s) appearing for the Case

Mr. John J. Lynch, for plaintiff.

Mr. Thomas A. Bell, prosecuting attorney, and Mr. Elwyn V. Jenkins, for defendants Adam Chesney and others, members and Clerk of the Mahoning County Board of Elections.

Mr. Mark McElroy, attorney general, and Mr. Gerald J. Celebrezze, for defendant Ted W. Brown, Secretary of State.

HUNSICKER, P. J.

An action in mandamus has been filed in this court. This action seeks to compel the Board of Elections of Mahoning County, and the Secretary of State of Ohio, to accept a nominating petition for the office of Judge of the Court of Appeals of the Seventh Appellate District, which office became vacant by reason of the death on July 22, 1960, of the Honorable Elmer T. Phillips, a member of that court.

The relator is John J. Lynch, an attorney...

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