STATE EX REL. WHITE v. CITY OF CLEVELAND

No. 72-628.

34 Ohio St. 2d 37 (1973)

THE STATE, EX REL. WHITE ET AL., APPELLEES, v. CITY OF CLEVELAND ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided April 25, 1973.


Attorney(s) appearing for the Case

Messrs. Rudd, Miller, Sheerer & Lybarger and Mr. Charles R. Miller, for appellees.

Mr. Herbert Whiting, director of law, and Mr. Howard H. Fishkin, for appellants.


CORRIGAN, J.

Appellants submit two propositions of law, either of which, if accepted by this court, would bar the exercise of the trial court's discretion in considering the award of attorney fees.

Appellants' first proposition of law urges that the present action is not a taxpayer's action within the meaning of R. C. 733.59.

This court has defined the word "taxpayer," as used in R. C. 733.59, in State...

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