STATE, EX REL. THE KROGER CO. v. INDUSTRIAL COMMISSION OF OHIO

No. 79-1346.

62 Ohio St. 2d 4 (1980)

THE STATE, EX REL. THE KROGER CO., APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided April 2, 1980.


Attorney(s) appearing for the Case

Messrs. Porter, Wright, Morris & Arthur and Mr. Charles J. Kurtz, III, for appellant.

Mr. William J. Brown, attorney general, and Mr. Lee M. Smith, for appellee.


Per Curiam.

Appellant asserts that the commission abused its discretion in finding that the appellant did not provide a screen or shield that claimants could have used in the compressor room while welding. The evidence on this question of fact is in conflict. Since there is some evidence supporting the commission's finding, however, mandamus cannot lie. See State, ex rel. Wallace, v. Indus. Comm. (1979), 57 Ohio St.2d 55<...

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