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STATE EX REL. CITY OF CINCINNATI v. BUTLER WATER CONSERVANCY DIST.

No. 38578.

5 Ohio St. 2d 80 (1966)

THE STATE, EX REL. CITY OF CINCINNATI ET AL., v. BUTLER WATER CONSERVATION DISTRICT.

Supreme Court of Ohio.

Decided February 2, 1966.

Attorney(s) appearing for the Case

Mr. William A. McClain, city solicitor, Mr. Lyle W. Castle, Mr. Clyde E. Lewis, Mr. Melvin G. Rueger, prosecuting attorney, and Mr. Raymond C. Wetherell, for relators.

Mr. Robert E. Marrs and Mr. John Richard Moser, for respondent.

TAFT, C. J.

At the outset it may be noted that the petition discloses the pendency in the Common Pleas Court of Butler County of an action which could provide relators with the relief that they seek in the instant case, i. e., the right to operate Cincinnati's wells in Butler County without interference from respondent district. Hence, this action apparently represents an attempt by relators to bypass the Common Pleas Court and the Court of Appeals by substituting...

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