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STATE, EX REL. POTTEN v. KUTH

Nos. 79-495 and 79-538.

61 Ohio St. 2d 321 (1980)

THE STATE, EX REL. POTTEN, APPELLANT, v. KUTH, DIR., ET AL., APPELLEES. THE STATE, EX REL. KENNEDY, APPELLANT, v. BUTLER COUNTY WELFARE DEPARTMENT ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 19, 1980.

Attorney(s) appearing for the Case

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

Mr. Everett E. Landen, for appellant Kennedy.

Mr. John F. Holcomb, prosecuting attorney, and Mr. Shafter W. Prather, for appellees.

CELEBREZZE, C. J.

An action in mandamus is the proper course for appellants to follow to compel reinstatement. The appointing authority may, in a mandamus action to enforce an order of the State Personnel Board of Review disaffirming a layoff, assert the affirmative defense of an abuse of discretion by the board. State, ex rel. Ogan, v. Teater (1978), 54 Ohio St.2d 235

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