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STATE EX REL. SMART v. McKINLEY

No. 80-1423.

64 Ohio St. 2d 5 (1980)

THE STATE, EX REL. SMART ET AL., v. McKINLEY, JUDGE.

Supreme Court of Ohio.

Decided October 29, 1980.

Attorney(s) appearing for the Case

Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A., Mr. Samuel Krugliak and Mr. William I. Kohn, for Smart.

Mr. James R. Unger, prosecuting attorney, for Stark County Board of Elections.

Mr. Donald C. Steiner, for respondent.

Per Curiam.

Since the November 4 general election is less than one week away, this proceeding was properly brought as an original action in this court. Under normal circumstances, an appellate process would last well past the election. Similarly, under normal circumstances, this court is extremely reluctant in entertaining an original action when there is an adequate remedy at law available. State, ex rel. Dormody, v. McClure (1977),

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