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STATE EX REL. MARTIN v. CITY OF COLUMBUS

No. 78-860.

58 Ohio St. 2d 261 (1979)

THE STATE, EX REL. MARTIN, APPELLANT, v. CITY OF COLUMBUS, DEPARTMENT OF HEALTH, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 6, 1979.

Attorney(s) appearing for the Case

Messrs. Barkan, Barkan & Neff, Mr. Frank J. Neff and Mr. Paul R. Mancuso, for appellant.

Mr. Gregory S. Lashutka, city attorney, Mr. Patrick M. McGrath and Mr. Earl J. Silberman, for appellees.

CELEBREZZE, C. J.

The issues raised in this appeal can be phrased as follows: (1) Does the record reflect a lack of "due diligence" on the part of appellant in attempting to secure similar employment during the period in which she was entitled to back wages? (2) Assuming the facts do reflect the requisite degree of diligence, can the amount to which appellant would be entitled be calculated with a sufficient degree...

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