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STATE EX REL. CAPITAL CITY EXCAVATING CO., INC. v. INDUS. COMM.

No. 77-978.

54 Ohio St. 2d 184 (1978)

THE STATE, EX REL. CAPITAL CITY EXCAVATING CO., INC., APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE, ET AL.

Supreme Court of Ohio.

Decided May 3, 1978.

Attorney(s) appearing for the Case

Messrs. Wilcox, Schlosser & Mirras and Mr. Jacob A. Schlosser, for appellant.

Mr. William J. Brown, attorney general, and Mr. John F. Livorno, for appellee.

WILLIAM B. BROWN, J.

The main issue raised by the instant cause is whether mandamus should lie to vacate the order of the Industrial Commission either because Rule IC-3-05.03(A) (5) of the Industrial Commission is not a specific safety requirement pursuant to Section 35 of Article II of the Ohio Constitution1 or because the commission abused its discretion when it made the specific safety requirement violation award.

I.

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