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STATE EX REL. NEER v. INDUS. COMM.

No. 77-622.

53 Ohio St. 2d 22 (1978)

THE STATE, EX REL. NEER, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided January 18, 1978.

Attorney(s) appearing for the Case

Messrs. Mancino, Mancino & Mancino and Mr. Paul Mancino, Jr., for appellant.

Mr. William J. Brown, attorney general, and Mr. William Naperstick, for appellee.

Per Curiam.

Appellant is actually seeking a declaratory judgment, since the Court of Appeals has no basis for issuing the mandamus order requested unless it makes a determination that R. C. 4123.68 (X) is unconstitutional.

This court stated in State, ex rel. Foreman, v. Bellefontaine Municipal Court (1967), 12 Ohio St.2d 26, at page 28, as follows:

"Statutes which create a declaratory...

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