MARSHALL NURSING HOMES, INC. v. AGGREY

No. 76AP-604.

50 Ohio App. 2d 15 (1976)

MARSHALL NURSING HOMES, INC., MARSHALL NURSING HOME No. 4, APPELLANT, v. AGGREY, DIRECTOR, OHIO DEPT. OF PUBLIC WELFARE ET AL., APPELLEES.

Court of Appeals of Ohio, Franklin County.

Decided September 30, 1976.


Attorney(s) appearing for the Case

Messrs. Thompson, Swope, Burns & Biswas, for appellant.

Mr. George C. Smith, prosecuting attorney, Mr. James M. Dunphy, Mr. Dennis Pines, Mr. William J. Brown, attorney general, Mr. Donald P. Muenz and Ms. Gladys F. Burkhart, for appellees.


WHITESIDE, J.

Plaintiff appeals from a judgment of the Franklin County Court of Common Pleas dismissing its complaint for failure to state a claim upon which the requested relief of permanent injunction could be granted. In support of its appeal, plaintiff has raised four assignments of error, as follows:

"1. The trail court erred in denying the prayer for a preliminary injunction and in dismissing the complaint because denial of renewal and decertification...

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