THE STATE, EX REL. ALFORD ET AL., APPELLANTS,
v.
WILLOUGHBY CIVIL SERVICE COMMISSION ET AL., APPELLEES.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Decided May 30, 1979.
Decided May 30, 1979.
Attorney(s) appearing for the Case
Messrs. Lucas, Prendergast, Albright, Gibson, Brown & Newman, Mr. Peter J. Gee and Mr. Robert J. Walter, for appellants.
Mr. J. Melvin Andrews, for appellee Willoughby-Eastlake Board of Education and its clerk-treasurer.
Mr. B. Lawrence Allen, director of law, for appellee Willoughby Civil Service Commission and its individual members.
Mr. Theodore R. Klammer, director of law, for appellee Eastlake Civil Service Commission and its individual members.
Messrs. Baker, Byron & Hackenberg, Mr. Barry M. Bryon, director of law, and Mr. Abraham Cantor, for appellee Willowick Civil Service Commission and its individual members and Willoughby Hills Civil Service Commission and its individual members.
Supreme Court of Ohio.
HOLMES, J.
In construing a complaint upon a motion to dismiss for failure to state a claim, the material allegations of the complaint are taken as admitted. Jenkins v. McKeithen (1969), 395 U.S. 411, 421. Then, before the court may dismiss the complaint, "* * * it must appear beyond doubt from the complaint that the plaintiff can prove no set of facts entitling him to recovery. * * *" O'Brien v. University Community...
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