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THE STATE, EX REL. AL MONZO CONSTRUCTION CO., INC., v. BOARD OF CONTROL OF CITY OF WARREN

No. 37077.

172 Ohio St. 370 (1961)

THE STATE, EX REL. AL MONZO CONSTRUCTION CO., INC., v. BOARD OF CONTROL OF CITY OF WARREN, OHIO, ET AL.

Supreme Court of Ohio.

Decided July 5, 1961.

Attorney(s) appearing for the Case

Messrs. Hahn, Loeser, Keough, Freedheim & Dean, Mr. George M. Austin, Mr. William A. Lowry, Mr. James A. Young and Mr. James W. Frey, for relator.

Mr. Bruce Birrell, city solicitor, for respondents.

Per Curiam.

If relator is correct in its contentions, it would have an adequate remedy in the ordinary course of the law. The motion to dismiss the petition will be treated as a demurrer. The petition failing to state a cause of action in mandamus, the demurrer is sustained, and the writ of mandamus is denied. State, ex rel. Cotleur, v. Board of Education of Cleveland Heights School District, 171 Ohio St. 335

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