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STATE, EX REL. ANDERSON v. DUFFY

No. 26178.

117 Ohio App. 137 (1962)

THE STATE, EX REL. ANDERSON, APPELLEE, v. DUFFY ET AL., BOARD OF ELECTIONS OF CUYAHOGA COUNTY, APPELLEE; DORSEY, APPELLANT.

Court of Appeals of Ohio, Cuyahoga County.

Decided September 7, 1962.

Attorney(s) appearing for the Case

Messrs. Falsgraf, Kundtz, Reidy & Shoup, for relator-appellee.

Mr. John T. Corrigan, prosecuting attorney, Mr. A. M. Braun, Mr. Joseph Zingales, Mr. Joseph H. Crowley and Mr. Daniel J. O'Loughlin, for respondent-appellees.

Mr. Richard B. Kay and Messrs. Rudd, Ober & Miller, for appellant.

Per Curiam.

On July 27, 1962, the office of Mayor of the city of Cleveland became vacant by reason of the resignation of the incumbent, Anthony J. Celebrezze. The fact of such vacancy gives rise to the present action which is now lodged in this court as an appeal on questions of law from a judgment of the Court of Common Pleas of Cuyahoga County.

The action, as begun in the trial court, sought a declaration...

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