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STATE EX REL. NATIONAL CITY BANK v. BD. OF EDUCATION

No. 77-1248.

52 Ohio St. 2d 81 (1977)

THE STATE, EX REL. NATIONAL CITY BANK ET AL., v. BOARD OF EDUCATION OF THE CLEVELAND CITY SCHOOL DISTRICT ET AL.

Supreme Court of Ohio.

Decided November 16, 1977.

Attorney(s) appearing for the Case

Mr. Victor E. DeMarco, Mr. Dennis M. Kelly, Messrs. Jones, Day, Reavis & Pogue, Mr. Marc L. Swartzbaugh, Mr. John W. Edwards II, Mr. David W. Hart, Mr. Thomas F. Harvey and Mr. Roland E. Remley III, for relators.

Messrs. Squire, Sanders & Dempsey, Mr. George J. Meisel, Mr. Charles F. Clarke, Bustamante, Donahoe, Palmisano & Co., L. P. A., and Mr. John H. Bustamante, for respondents Board of Education et al.

Mr. John T. Corrigan, prosecuting attorney, and Mr. Thomas P. Gill, for respondents County Auditor and County Treasurer.

Per Curiam.

There are two questions presented by this action. First, whether relators are entitled to a writ of mandamus under state law; and second, whether the allowance of the writ would improperly encroach upon the jurisdiction of the District Court in the pending desegregation action in which respondent board is a defendant.

I.

In order to be entitled to a writ of mandamus, relators must...

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