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STATE EX REL. BOWER v. CITY OF COLUMBUS

No. 70-783.

27 Ohio St. 2d 7 (1971)

THE STATE, EX REL. BOWER ET AL., v. CITY OF COLUMBUS ET AL.

Supreme Court of Ohio.

Decided June 30, 1971.

Attorney(s) appearing for the Case

Mr. Dwight L. Fullerton and Mr. Alan C. Travis, for relators.

Mr. John C. Young, city attorney, Mr. William J. Melvin and Mr. Thomas A. Bustin, for respondent.

Per Curiam.

In Partlow, the national air space defense was before this court, which allowed the writ of mandamus on authority of Royal and Griggs v. Allegheny (1962), 369 U.S. 84. In Partlow, respondents, as here, also contended that the United States was a necessary party.

While respondents now raise the more precise question of immunity based upon the complete right to control by the...

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