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STATE EX REL. PUBLIC EMPLOYEES RETIREES, INC. v. PERS

No. 79-767.

60 Ohio St. 2d 93 (1979)

THE STATE, EX REL. PUBLIC EMPLOYEES RETIREES, INC., v. PUBLIC EMPLOYEES RETIREMENT SYSTEM OF OHIO ET AL.

Supreme Court of Ohio.

Decided December 12, 1979.

Attorney(s) appearing for the Case

Mr. Robert M. Draper, for relator.

Mr. William J. Brown, attorney general, and Mr. John R. Hewitt, for respondents.

Per Curiam.

In order for a writ of mandamus to be issued, a relator must show:

"* * *(1) that he enjoys a clear legal right to the relief for which he prays, (2) that respondent is under a clear legal duty to perform the act demanded by relator, and (3) that he has no plain and adequate remedy in the ordinary course of the law." State, ex rel. Niles, v. Bernard (1978), 53 Ohio St.2d 31, at page...

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