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JOHNSON v. PRESTON DIR. OF HWYS.,

No. 41071.

12 Ohio St. 2d 100 (1967)

JOHNSON, APPELLANT, v. PRESTON, DIRECTOR OF HIGHWAYS, APPELLEE.

Supreme Court of Ohio.

Decided December 27, 1967.

Attorney(s) appearing for the Case

Mr. Elmer C. Myers and Mr. Alfred II. Johnson, for appellant.

Mr. William B. Saxbe, attorney general, and Mr. I. Charles Rhoads, for appellee.

SCHNEIDER, J.

It appears that on January 7, 1964, in an appeal on law and fact, the Court of Appeals for Medina County (1 Ohio App.2d 62) ordered the Director of Highways "enjoined permanently from appropriating the lands of Flora L. Johnson * * * for use as a rest area."

The instant proceeding was commenced in that court on February 17, 1967, by a motion for a citation against the director

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