STATE, EX REL. MOORE v. SANDERS

No. 80-1418.

65 Ohio St. 2d 72 (1981)

THE STATE, EX REL. MOORE, APPELLANT, v. SANDERS, SHERIFF, APPELLEE.

Supreme Court of Ohio.

Decided March 25, 1981.


Attorney(s) appearing for the Case

Messrs. Lucas, Prendergast, Albright, Gibson, Newman & Gee and Mr. W. Joseph Strapp, for appellant.

Mr. James A. Berry, prosecuting attorney, and Mr. David E. Smith, for appellee.


Per Curiam.

The appellant sets forth the following propositions of law: (1) that delay in asserting a right does not of itself constitute laches where a deputy, who is unlawfully removed by the sheriff, brings an action for reinstatement shortly after learning of his rights as a classified civil servant and where the sheriff has not been materially prejudiced by the delay, and (2) that an action by a classified civil servant whose removal was contrary to R...

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