STATE, EX REL. COLANGELO, v. McFAUL

No. 79-1394.

62 Ohio St. 2d 200 (1980)

THE STATE, EX REL. COLANGELO, APPELLANT, v. McFAUL, SHERIFF, APPELLEE.

Supreme Court of Ohio.

Decided May 21, 1980.


Attorney(s) appearing for the Case

Messrs. Lucas, Prendergast, Albright, Gibson, Newman & Gee, Mr. James E. Melle and Mr. John F. Gillespie, for appellant.

Mr. John T. Corrigan, prosecuting attorney, and Mr. David A. Williamson, for appellee.


Per Curiam.

Appellant alleges that the Court of Appeals erred when it held that appellee had no clear legal duty to pay past compensation since the State Personnel Board of Review made no ruling concerning it and that she had an adequate remedy at law for it by commencing a separate action.

We agree. "An action in mandamus is maintainable by a reinstated public employee to recover compensation due him...

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