THE STATE, EX REL. HUGHES, v. INDUSTRIAL COMMISSION OF OHIO

Nos.71-280 and 71-281

29 Ohio St. 2d 91 (1972)

THE STATE, EX REL. HUGHES, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE. THE STATE, EX REL. ROMINE, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided February 9, 1972.


Attorney(s) appearing for the Case

Messrs. Gallon & Miller, Messrs. Barkan, Barkan & Neff and Messrs. Howdyshell & Dodd, for appellants.

Mr. William J. Brown, attorney general, and Mr. R. Peterson Chalfant, for appellee.


COLE, J.

As these cases involve identical issues, they are considered together. In each, relator seeks reversal of an order of the Court of Appeals denying a writ of mandamus. The nature of the relief requested establishes the framework for consideration of the issues. In State, ex rel. Marshall, v. Keller (1968), 15 Ohio St.2d 203, it is said:

"* * * Before a writ may issue there must be a clear legal...

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