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DIES ELECTRIC COMPANY v. CITY OF AKRON

No. 79-1202.

62 Ohio St. 2d 322 (1980)

DIES ELECTRIC COMPANY, APPELLANT, v. CITY OF AKRON, APPELLEE.

Supreme Court of Ohio.

Decided June 11, 1980.

Attorney(s) appearing for the Case

Weick & Gibson Co., L.P.A., Mr. Warren W. Gibson and Mr. Michael J. Moran, for appellant.

Mr. Robert D. Pritt, director of law, and Mr. Randall A. Cole, for appellee.

HERBERT, J.

This cause requires us to determine whether appellee, with respect to contracts let for improvements to municipal property, is bound by the retainage provisions prescribed by the General Assembly in R. C. 153.13,1 or whether this charter city may, under Section 3 of Article XVIII of the Constitution of Ohio, enact by ordinance retainage procedures which differ from that statute. Appellant contends that the statute is a law...

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