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STATE, EX REL. SIGALL v. AETNA CLEANING CONTRACTORS OF CLEVELAND, INC.

No. 74-1057.

45 Ohio St. 2d 308 (1976)

THE STATE, EX REL. SIGALL ET AL., APPELLANTS, v. AETNA CLEANING CONTRACTORS OF CLEVELAND, INC., ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 24, 1976.

Attorney(s) appearing for the Case

Messrs. Lucas, Prendergast, Albright, Gibson, Brown & Newman, Mr. John A. Brown and Mr. W. Joseph Strapp, for appellants.

Messrs. Guren, Merritt, Sogg & Cohen, Mr. Kenneth G. Weinberg, for appellee Aetna Cleaning Contractors of Cleveland, Inc.

Messrs. Burke, Haber & Berick, Mr. Joseph F. Lombardo and Mr. Stephen T. Parisi, for appellees President of Kent State University and President and Members of the Board of Trustees of Kent State University.

Per Curiam.

The ultimate issue before this court is whether a state university, consistent with the applicable civil service laws in this state, may lawfully enter into a contract with an independent contractor regarding the performance of services which could also be rendered by classified civil service employees.

Appellants renew in this court their argument, rejected by the Court of Appeals below, that "[t]he proper test for determining the legality...

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