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OHIO STATE FEDERATION OF LICENSED NURSING HOMES v. PUBLIC HEALTH COUNCIL

No. 6666.

113 Ohio App. 113 (1961)

OHIO STATE FEDERATION OF LICENSED NURSING HOMES ET AL. v. PUBLIC HEALTH COUNCIL ET AL.

Court of Appeals of Ohio, Franklin County.

Decided February 7, 1961.

Attorney(s) appearing for the Case

Messrs. Sebastian, Fais & Durst and Mr. Herbert E. Arfman, for relators.

Mr. Mark McElroy, attorney general, and Mr. Richard F. Swope, for respondents.

DUFFEY, J.

Relators filed an action in prohibition in the form of a class suit against the Public Health Council, its members, and the Director of Health. The action is before the court on a demurrer to the petition.

The Public Health Council is an agency within the meaning of Section 119.01, Revised Code. It has authority to adopt rules and regulations for rest and nursing homes. Such institution must be licensed...

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