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BURTON v. RESHETYLO

No. 73-439.

38 Ohio St. 2d 35 (1974)

BURTON, APPELLEE, v. RESHETYLO, SUPT., LIMA STATE HOSPITAL, APPELLANT.

Supreme Court of Ohio.

Decided April 17, 1974.

Attorney(s) appearing for the Case

Mr. Robert L. Balyeat, for appellee.

Mr. William J. Brown, attorney general, and Mr. Thomas D. Rooney, for appellant.

CELEBREZZE, J.

I.

Initially, appellee filed a motion to dismiss with this court, alleging that the issues are now moot because petitioner is no longer in custody of the Lima State Hospital.

This court has dismissed actions in habeas corpus on the sole ground that a petitioner-appellant, or a petitioner in an action originally filed here, was no longer in the custody of his named respondent. McDonald v. Keiter, Sheriff (1971),

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