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ROBERT NEFF AND SONS, INC. v. CITY OF LANCASTER

No. 69-62.

21 Ohio St. 2d 31 (1970)

ROBERT NEFF AND SONS, INC., ET AL., APPELLANTS, v. CITY OF LANCASTER, APPELLEE.

Supreme Court of Ohio.

Decided January 14, 1970.

Attorney(s) appearing for the Case

Messrs. Dagger, Lantz & Johnston and Mr. Roger W. McNaughton, for appellants.

Mr. John T. Huddle, law director, for appellee.

MATTHIAS, J.

The specific question of law presented by this case is whether plaintiffs have pleaded facts sufficient to state a cause of action under the applicable laws of Ohio.

Plaintiffs base their claim upon the provisions of Section 723.01, Revised Code:

"Municipal corporations shall have special power to regulate the use of the streets. The legislative authority of such municipal corporation shall have the care, supervision,

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