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IN RE SUSI

No. 73AP-384.

38 Ohio App. 2d 73 (1973)

IN RE SUSI ET AL.

Court of Appeals of Ohio.

Decided November 27, 1973.

Attorney(s) appearing for the Case

Messrs. Tyack, Scott & Colley, Mr. Thomas M. Tyack, for petitioners Rosenell Susi and Mae Diana.

Mr. George C. Smith, prosecuting attorney, and Mr. Miles C. Durfey, for respondent George C. Smith.

Per Curiam.

This original action in habeas corpus is before this court upon the motion of respondent, George C. Smith, prosecuting attorney, to dismiss the complaint upon the grounds that it fails to state a cause of action in habeas corpus. Respondent also contends that he is not a proper party from whom the petitioners should seek relief.

Petitioners rely upon Owens v. Campbell (1971), 27 Ohio St.2d 264

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