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STATE EX REL. DAOUST v. SMITH

No. 77-1386.

52 Ohio St. 2d 199 (1977)

THE STATE, EX REL. DAOUST ET AL., v. SMITH.

Supreme Court of Ohio.

Decided December 16, 1977.

Attorney(s) appearing for the Case

Hayward, Cooper, Straub, Cramer & Co., L. P. A., Mr. John F. Hayward, Mr. T. Scott Johnston, Mr. Vaughn A. Hoblet and Mr. H. Buswell Roberts, for relators.

Messrs. Nusbaum, Silverman, Phillips & Wittenberg and Mr. Melvin G. Nusbaum, for respondent.

Per Curiam.

In order to be entitled to a writ of mandamus, relators must show (1) that they have a clear legal right to the relief prayed for, (2) that respondent is under a clear legal duty to perform the acts, and (3) that relators have no plain and adequate remedy in the ordinary course of the law. State, ex rel. National City Bank, v. Bd. of Education (1977), 52 Ohio St.2d 81, 84.

Respondent...

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