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ROCCA v. WILKE

Nos. C-76459, C-76460 and C-76838.

53 Ohio App. 2d 8 (1977)

ROCCA ET AL., APPELLEES, v. WILKE ET AL., APPELLEES; FERGUSON ET AL., APPELLANTS.

Court of Appeals of Ohio, Hamilton County.

Decided August 3, 1977.

Attorney(s) appearing for the Case

Messrs. Jacobs, Kleinman, Martin & Seibel, for appellees Helen L. Rocca, Ms. Elsie I. Nies, Ms. Gertrude Castner and Mr. Fred Brandt.

Mr. Simon L. Leis, prosecuting attorney, and Mr. Robert W. Worth, for appellees Mr. Wayne F. Wilke, Hamilton County Treasurer, and Mr. Joseph L. Decourcy, Hamilton County Auditor.

Mr. William J. Brown, attorney general, Mr. John C. Duffy, Jr., and Mr. Roy F. Martin, for appellants.

BLACK, J.

The principal issues presented in this appeal relate to the authority and power of a Court of Common Pleas (1) to issue orders to the Board of Tax Appeals and the Auditor of the state of Ohio to be carried out throughout the state (concerning refunds of real estate taxes and penalties for late payments), and (2) to award attorney fees to the successful plaintiffs.

None of the assignments of error attack the "substance" of the order granting plaintiffs...

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