SUPERIOR METAL PRODUCTS v. ADMR., BUR. OF EMPLOYMENT SERVICES

No. 74-238.

41 Ohio St. 2d 143 (1975)

SUPERIOR METAL PRODUCTS, INC., APPELLEE, v. ADMINISTRATOR, OHIO BUREAU OF EMPLOYMENT SERVICES, ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided February 26, 1975.


Attorney(s) appearing for the Case

Messrs. Gooding, Evans & Huffman and Mr. John R. Evans, for appellee.

Mr. William J. Brown, attorney general, Mr. James E. Uprichard, Jr., Mr. John F. Livorno, and Mr. W. Sean Kelleher, for appellant Bureau of Employment Services.

Mr. Robert Wiesenmayer, for appellant Sarah Frances Guess.


Per Curiam.

Appellants contend: (1) That the Court of Appeals improperly substituted its judgment for that of the board on questions of fact; (2) that a court lacks power to remand a cause to the board; and (3) that the board lacks power to conduct further proceedings upon remand from a court. We disagree.

R. C. 4141.28(O), in pertinent part, provides:

"* * * If the court [of common pleas] finds that the decision [of the board] was unlawful...

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