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STATE EX REL. WARGO v. PRICE

No. 78-144.

56 Ohio St. 2d 65 (1978)

THE STATE, EX REL. WARGO ET AL., APPELLANTS, v. PRICE, JUDGE, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided October 25, 1978.

Attorney(s) appearing for the Case

Messrs. Kelley, McCann & Livingstone and Mr. Aubrey B. Willacy, for appellants.

Mr. Stephan M. Gabalac, prosecuting attorney, and Mr. Steven J. Schwartz, for appellees Judge Theodore Price and James McCarthy.

Mr. Kenneth Boukis and Mr. James Easly, for appellee Ritenour.

Per Curiam.

Amendment of pleadings by leave of the court, Civ. R. 15(A), is a matter of judicial discretion, subject to review on appeal. Mandamus is not a substitute for appeal. State, ex rel. Marshall, v. Keller (1968), 15 Ohio St.2d 203, 205.

The judgment of the Court of Appeals is therefore affirmed.

Judgment affirmed.

LEACH, C. J., HERBERT, CELEBREZZE, W. BROWN, P...

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