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STATE, EX REL. WESTCHESTER v. BACON

No. 79-284.

61 Ohio St. 2d 42 (1980)

THE STATE, EX REL. WESTCHESTER, ESTATES, INC., APPELLEE, v. BACON, APPELLANT.

Supreme Court of Ohio.

Decided January 9, 1980.

Attorney(s) appearing for the Case

Messrs. Petersen & Pasqualone, Mr. Jerry A. Petersen and Mr. Terry G. Pasqualone, for appellee.

Mr. John F. Norton, prosecuting attorney, and Mr. Richard J. Makowski, for appellant.

CELEBREZZE, C. J.

In order to grant a writ of mandamus, a court must find that the relator has a clear legal right to the relief prayed for, that the respondent is under a clear legal duty to perform the requested act, and that relator has no plain and adequate remedy at law. State, ex rel. Harris, v. Rhodes (1978), 54 Ohio St.2d 41. Because the doctrine of res judicata is insufficient in the case at...

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