MONAGHAN v. RICHLEY

No. 72-454.

32 Ohio St. 2d 190 (1972)

MONAGHAN, APPELLEE, v. RICHLEY ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided December 15, 1972.


Attorney(s) appearing for the Case

Messrs. Lucas, Prendergast, Albright, Gibson, Brown & Newman, Mr. John A. Brown and Mr. Timothy J. Ucker, for appellee.

Mr. William J. Brown, attorney general, Mr. Richard A. Szilagyi and Mr. John T. Conroy, for appellants.


O'NEILL, C. J.

The issue presented in this appeal is whether relator is entitled to a writ of mandamus directing respondents to compensate him for the period of time during which he was wrongfully excluded from his employment.

Respondents urge that relator's action is barred by the doctrine of sovereign immunity (Section 16, Article I of the Ohio Constitution), and that mandamus does not lie for the recovery of back pay.

Whether mandamus lies for the...

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