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OHIO OPERATING ENGINEERS APPRENTICESHIP FUND v. KINNEY

No. 79-674.

61 Ohio St. 2d 359 (1980)

OHIO OPERATING ENGINEERS APPRENTICESHIP FUND, APPELLEE, v. KINNEY, COMMR., APPELLANT.

Supreme Court of Ohio.

Decided March 26, 1980.

Attorney(s) appearing for the Case

Messrs. Topper, Alloway, Goodman, DeLeone & Duffey and Mr. N. Victor Goodman, for appellee.

Mr. William J. Brown, attorney general, Mr. Charles M. Steines and Mr. James C. Sauer, for appellant.

CELEBREZZE, C. J.

In determining the lawfulness of the board's decision, we must note that "[a]n exemption is to be granted only upon a showing that that which is claimed to be exempt is clearly within the express meaning of the statute granting the exemption." Ohio Children's Society v. Porterfield (1971), 26 Ohio St.2d 30, 32. However, "this strict construction must be tempered with reason." Carney

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