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STATE v. STUDEBAKER

No. 38316.

175 Ohio St. 222 (1963)

THE STATE, EX REL. ROGER J. AU & SON, INC., A TAXPAYER, APPELLANT, v. STUDEBAKER ET AL., COMMISSIONERS OF MONTGOMERY COUNTY, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided October 2, 1963.

Attorney(s) appearing for the Case

Messrs. Marshall & Smith and Mr. Robert L. Ross, for appellant.

Messrs. Bieser, Greer & Landis, Mr. Paul R. Young, prosecuting attorney, and Mr. Paul J. Fleischauer, for appellees.

Per Curiam.

Relator has an adequate remedy by way of injunction. This court will ordinarily, in the exercise of its discretion, deny a writ of mandamus where the relator has a plain and adequate remedy in the ordinary course of the law, including an equitable remedy. State, ex rel. Libbey-Owens-Ford Glass Co., v. Industrial Commission, 162 Ohio St. 302; State, ex rel. Al Monzo Construction Co., Inc.,...

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