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MT. PERRY COAL CO. v. GEBHART

No. 75AP-76.

44 Ohio App. 2d 284 (1975)

MT. PERRY COAL COMPANY ET AL., APPELLANTS, v. GEBHART APPELLEE.

Court of Appeals of Ohio, Franklin County.

Decided June 12, 1975.

Attorney(s) appearing for the Case

Messrs. Muldoon, Pemberton & Ferris and Messrs. George, Greek, King, McMahon & McConnaughey and Mr. Edward F. Whipps, for appellants.

Mr. William J. Brown, Attorney General, Mr. Jay McKarahan and Ms. Nina Hatfield, for appellee.

HOLMES, J.

This matter involves the appeal of a judgment of the Court of Common Pleas of Franklin County, dismissing an action brought by the owners of certain lands upon which a leased strip mine operation had been licensed by Ernest J. Gebhart, chief of the division of forestry and reclamation for the state of Ohio. The appellants had attempted an appeal, pursuant to R. C. 1513.13, to the reclamation board of review. That appeal was based upon the claim that the...

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