STATE EX REL. BRY v. KIRK

No. 74-1045.

42 Ohio St. 2d 454 (1975)

THE STATE, EX REL. BRY, APPELLANT, v. KIRK ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 11, 1975.


Attorney(s) appearing for the Case

Messrs. McNamara, Gemperline & Wagner and Mr. John G. Salmon, for appellant.

Messrs. Kelley, McCann & Livingstone, Mr. Walter C. Kelley and Mr. Stephen M. O'Bryan, for appellees.


Per Curiam.

In his complaint for a writ of mandamus, appellant avers that the provisions of R. C. 731.32, supra, and 731.29 had been complied with; that he had filed "the necessary documents" with both appellees; and that both appellees had signed, on June 13, 1974, a receipt for a "verification copy of the proposed ordinance."

However, construing the evidence of record most strongly in favor of appellant discloses that Mr. Bry prepared a

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