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STATE, EX REL. BANASZKEWYCZ, v. MERRICK

No. 68-115.

15 Ohio St. 2d 234 (1968)

THE STATE, EX REL. BANASKEWYCZ, v. MERRICK, JUDGE, CUYAHOGA COUNTY PROBATE COURT, ET AL.

Supreme Court of Ohio.

Decided July 17, 1968.

Attorney(s) appearing for the Case

Mr. William L. Blake, for relator.

Mr. H. E. Lubeshkoff and Mr. Elmer Schwartz, for respondents.

Per Curiam.

Relator filed his motion in the Probate Court, apparently relying on the authority of Section 2729.01, Revised Code, which states:

"When the records, dockets, journals, and files, or any part thereof, of any Probate Court have been lost * * * upon the application of a party interested * * * the [Probate] Court may order the restoration of any * * * record of any proceeding or document required...

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