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STATE EX REL. OHIO CIVIL RIGHTS COMMISSION v. GUNN

No. 75-541.

45 Ohio St. 2d 262 (1976)

THE STATE, EX REL. OHIO CIVIL RIGHTS COMMISSION, APPELLEE, v. GUNN, APPELLANT.

Supreme Court of Ohio.

Decided March 17, 1976.

Attorney(s) appearing for the Case

Mr. William J. Brown, attorney general, Mr. Andrew J. Ruzicho, Mr. Earl M. Manz and Mr. Gene W. Holliker, for appellee.

Messrs. Buckingham, Doolittle & Burroughs, Mr. Edward C. Kaminski and Mr. David H. Shaffer, for appellant.

HERBERT, J.

Appellant contends that a proceeding to enforce a subpoena duces tecum issued by the Civil Rights Commission, pursuant to R. C. 4112.04(B)(6), is governed by the Rules of Civil Procedure and, therefore, must be commenced by the filoing of a complaint and issuance of summons.

R. C. 4112.04(B)(6) states:

"In case of contumacy or refusal to obey a subpoena, the commission or person at whose request it was issued may petition for its...

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