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STATE EX REL. CITY IRON WORKS, INC. v. INDUS. COMM. OF OHIO

No. 77-288.

52 Ohio St. 2d 1 (1977)

THE STATE, EX REL. CITY IRON WORKS, INC., APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO; SPENCER, APPELLANT.

Supreme Court of Ohio.

Decided October 12, 1977.

Attorney(s) appearing for the Case

Messrs. Topper, Alloway, Goodman, DeLeone & Duffey and Mr. John W. Zeiger, for appellee.

Mr. William J. Brown, attorney general, and Mr. James R. Piercy, for the Industrial Commission.

Ticktin, Baron, Kabb & Valore Co., L. P. A., and Mr. Kenneth S. Kabb, for appellant.

WILLIAM B. BROWN, J.

The issue presented by this cause is whether mandamus should lie to direct the Industrial Commission to vacate its specific safety requirement violation award order issued in 1973.

It is established law that mandamus will not issue to vacate an order of the Industrial Commission unless that order constitutes an abuse of discretion. State, ex rel. Ruggles, v. Stebbins (1975), 41 Ohio St.2d 228

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