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STATE EX REL. FRY v. FERGUSON

Nos. 72-102, 72-194 and 72-233.

34 Ohio St. 2d 252 (1973)

[THE STATE, EX REL.] FRY, v. FERGUSON, AUDITOR OF STATE, ET AL. THE STATE, EX REL. BOEHM, v. LEGATT, TREASURER, OHIO STATE UNIVERSITY, ET AL. THE STATE, EX REL. KAISER, v. FERGUSON, AUDITOR OF STATE, ET AL.

Supreme Court of Ohio.

Decided June 20, 1973.

Attorney(s) appearing for the Case

Messrs. Lucas, Prendergast, Albright, Gibson, Brown & Newman, Mr. John A. Brown and Mr. Jerry L. Riseling, for relators.

Mr. William J. Brown, attorney general, Mr. Robert B. Meany, Messrs. Vorys, Sater, Seymour & Pease, Mr. Duke W. Thomas and Mr. Jacob E. Davis, II, for respondents.

O'NEILL, C. J.

Relators contend, and respondents admit, that the laws of Ohio impose a clear legal duty upon the respondents to pay relators the full salary which they demand in this action.

Respondents, however, argue that they are unable to comply with the Ohio law because "the law of Ohio has been superseded by federal law * * *." The federal law to which respondents refer is the Economic Stabilization Act...

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