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STATE, EX REL. CLINK v. SMITH

No. 68-516.

16 Ohio St. 2d 1 (1968)

THE STATE, EX REL. CLINK, v. SMITH, COUNTY AUDITOR.

Supreme Court of Ohio.

Decided October 2, 1968.

Attorney(s) appearing for the Case

Messrs. Fuhrman, Gertner, Britz & Barkan and Mr. Jack E. Gallon, for relator.

Mr. Harry A. Sargeant, Jr., prosecuting attorney, for respondent.

Per Curiam.

The petition alleges, and respondent by his demurrer thereto admits, that relator filed a complete and true text of the resolution with the county auditor. However, such resolution was not verified as required by Section 305.33, Revised Code, relating to referendums on resolutions passed by the county commissioners. This section reads as follows:

"Whoever files a referendum petition against...

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