STATE EX REL. BARNHILL v. IND. COMM.

No. 77AP-348.

54 Ohio App. 2d 95 (1977)

THE STATE, EX REL. BARNHILL, v. INDUSTRIAL COMMISSION OF OHIO ET AL.

Court of Appeals of Ohio, Franklin County.

Decided November 8, 1977.


Attorney(s) appearing for the Case

Messrs. Fontana, Ward, Kaps & Perry, Mr. Jerry L. Riseling, Messrs. Snyder, Hochman, Rakay & Schmidt, and Mr. James B. Hochman, for relator.

Mr. William J. Brown, attorney general, and Mr. James Piercy, for respondent.


HOLMES, J.

The respondent Industrial Commission of Ohio has filed a motion, in this mandamus action, seeking a summary judgment on the ground that the relator has not exhausted his administrative remedies. The weakness of the respondent's argument is that the case has been pending before the Industrial Commission for over a year without a determination being made. Mandamus is the proper remedy to compel the exercise of discretion, i. e., make a ruling. See...

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