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STATE EX REL. REPUBLIC STEEL CORP. v. ENVIRONMENTAL BOARD OF REVIEW

Nos. 77-895 and 77-913.

54 Ohio St. 2d 75 (1978)

THE STATE, EX REL. REPUBLIC STEEL CORP., APPELLEE AND APPELLANT, v. ENVIRONMENTAL BOARD OF REVIEW, APPELLEE; BROADWAY RETIREES' FELLOWSHIP, APPELLANT AND APPELLEE.

Supreme Court of Ohio.

Decided April 19, 1978.

Attorney(s) appearing for the Case

Mr. Victor E. DeMarco, Mr. James C. Sennett, Messrs. Jones, Day, Reavis & Pogue, Ms. Kathleen B. Burke, Mr. James L. Wamsley, III, and Mr. Edward P. Weber, Jr., for Republic Steel Corporation.

Mr. William J. Brown, attorney general, and Mr. Christopher R. Schraff, for Environmental Board of Review.

Ms. Ann Aldrich, Mr. Shimon Kaplan, Mr. Joseph P. Meissner and Mr. Jeffrey H. Olson, for Broadway Retirees' Fellowship.

Per Curiam.

Republic Steel Corporation urges, in four propositions of law, that: (1) when the Environmental Board of Review issues a final order pursuant to R. C. 3745.05 and an appeal from that order is taken pursuant to R. C. 3745.06, the board loses jurisdiction of the subject matter of the cause and may not entertain a "relitigation of issues pending on appeal from such final order"; (2) a writ of prohibition...

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