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STATE EX REL. BROADWAY PETROLEUM CORP. v. ELYRIA

No. 68-352.

18 Ohio St. 2d 23 (1969)

THE STATE, EX REL. BROADWAY PETROLEUM CORP., APPELLANT, v. CITY OF ELYRIA ET AL., APPELLEES.

Supreme Court of Ohio.

Decided April 30, 1969.

Attorney(s) appearing for the Case

Mr. Sanford W. Likover, for appellant.

Mr. Kosma J. Glavas and Mr. J. C. Wm. Tattersall, for appellees.

TAFT, C. J.

The only assignment of error and the only argument advanced by the city and its officials in their brief before the Court of Appeals was "that the Court of Common Pleas * * * erred in issuing a peremptory writ of mandamus without affording * * * [them] an opportunity to be heard."

Section 2731.06, Revised Code, reads, so far as pertinent:

"When the right to require the performance of an act...

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