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WOOSTER IRON & METAL CO. v. WHITMAN.

No. 73AP-255.

37 Ohio App. 2d 1 (1973)

WOOSTER IRON & METAL CO., APPELLANT, v. WHITMAN, APPELLEE.

Court of Appeals of Ohio, Franklin County.

Decided September 25, 1973.

Attorney(s) appearing for the Case

Messrs. Critchfield, Critchfield, Critchfield & Johnston, Mr. Walter C. Grosjean of counsel, and Messrs. Wright, Harlor, Morris & Arnold, Mr. Thomas E. Cavendish of counsel, for appellant.

Mr. William J. Brown, Attorney General, and Mr. Robert L. Brubaker, for appellee.

Per Curiam.

Appellant, Wooster Iron & Metal Company, has filed a motion seeking a stay of execution of an order of the environmental board of review from which this appeal is taken pursuant to the Ohio Rules of Appellate Procedure and R. C. 3745.06.

If the appellate rules were applicable, App. R. 7 would require that this relief be sought from the "trial court" and denied prior to the seeking of a stay, pending appeal, from this court. However,...

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