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STATE, EX REL. BORSUK v. CLEVELAND

No. 71-168.

28 Ohio St. 2d 224 (1972)

THE STATE, EX REL. BORSUK, APPELLEE v. CITY OF CLEVELAND ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided January 5, 1972.

Attorney(s) appearing for the Case

Messrs. Barragate & Barragate and Mr. Phillip C. Barragate, for appellee.

Mr. Clarence L. James, Jr., director of law, Mr. Jay L. Loeb and Mr. William D. Moore, for appellants.

STEPHENSON, J.

Appellants assert, in substance, that the court below erred in issuing the writ of mandamus for the reason that relator did not show a clear right to the relief sought.

This assertion is supported by an argument that since the Common Pleas Court held, in the appeal by respondents from the Civil Service Commission order, that the court had no jurisdiction of the appeal, the court should have dismissed...

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