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STATE EX REL. REPUBLIC STEEL CORP. v. OHIO CIVIL RIGHTS COMM.

No. 75-354.

44 Ohio St. 2d 178 (1975)

THE STATE, EX REL. REPUBLIC STEEL CORPORATION ET AL., APPELLANTS, v. OHIO CIVIL RIGHTS COMMISSION, APPELLEE.

Supreme Court of Ohio.

Decided December 24, 1975.

Attorney(s) appearing for the Case

Metzenbaum, Gaines & Stern Co., L. P. A., Mr. Melvin S. Schwarzwald, Mr. Mark A. Rock, Mr. Bernard Kleiman and Mr. Carl Frankel, for appellant unions.

Messrs. Jones, Day, Reavis & Pogue, Mr. Victor E. DeMarco, Mr. James C. Sennett, Mr. Dennis K. Kelly and Mr. David G. Schryver, for appellant Republic Steel Corp.

Mr. William J. Brown, attorney general, Mr. Andrew J. Ruzicho and Mr. Louis A. Jacobs, for appellee.

HERBERT, J.

Appellants contend that the statutory language within R. C. 4112.05(B), concerning efforts to resolve alleged discriminatory practices by conciliation, is a jurisdictional prerequisite to the proper issuance of a complaint by the Ohio Civil Rights Commission.

R. C. 4112.05(B) sets forth specific procedures to be followed by the commission and, in pertinent part, states:

"Whenever it is charged in writing and under oath by a person, referred...

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