STATE, EX REL. BOARD OF EDUCATION OF NORTH CANTON EXEMPTED VILLAGE SCHOOL v. HOLT

No. 37242.

174 Ohio St. 55 (1962)

THE STATE, EX REL. BOARD OF EDUCATION OF NORTH CANTON EXEMPTED VILLAGE SCHOOL DISTRICT, v. HOLT, SUPT. OF PUBLIC INSTRUCTION, ET AL.

Supreme Court of Ohio.

Decided December 12, 1962.


Attorney(s) appearing for the Case

Messrs. Chastang & Carroll, for relator.

Mr. Mark McElroy, attorney general, and Mr. Victor S. Krupman, for respondent E. E. Holt, Superintendent of Public Instruction.

Mr. Mark McElroy, attorney general, and Mr. Joseph S. Gill, for respondent School Employees Retirement Board.


O'NEILL, J.

The question to be decided by this court is whether the school-bus drivers are employees of the relator and, therefore, members of the School Employees Retirement System and subject to the withholding of contributions to the retirement system, or whether the arrangements for their employment are such that the withholding of such contributory payments is not required by law.

The relator entered into a contract with one R. G. Mortimer to provide...

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