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STATE EX REL. ZELLNER v. BD. OF EDN. OF CINCINNATI

No. 72-484.

34 Ohio St. 2d 199 (1973)

THE STATE, EX REL. ZELLNER, APPELLEE, v. BOARD OF EDUCATION OF CITY OF CINCINNATI, APPELLANT.

Supreme Court of Ohio.

Decided June 6, 1973.

Attorney(s) appearing for the Case

Messrs. Brumleve, Decamp & Wood and Mr. Thomas A. Zins, for appellee.

Messrs. Beirne & Wirthlin, Mr. C. R. Beirne, Mr. Gates T. Richards and Miss Isabel Guy, city solicitor, for appellant.

CELEBREZZE, J.

We agree with appellee that our decision in this cause must be controlled by considerations of orderly procedure. However, it is not consideration of preserving the hierarchy of structure in public education in Ohio which persuades us. Rather, our answer depends upon considerations of comity, orderly procedure and judicial economy.

Appellant urges that the Court of Appeals should have stayed its action and deferred to the action already commenced...

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