Per Curiam.
As a preliminary matter we must determine the validity of the jurisdictional challenge raised by appellee state of Ohio. The state contends that it cannot be subjected to suit in its own courts absent its consent, and that it has not waived its immunity in this instance.
Section 16, Article I of the Ohio Constitution provides, in part, that: "Suits may be brought against the state, in such courts and in such manner, as may be provided by...
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