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STATE EX REL. MADISON, v. COTNER

No. 81-741.

66 Ohio St. 2d 448 (1981)

THE STATE, EX REL. MADISON ET AL., v. COTNER ET AL.

Supreme Court of Ohio.

Decided June 11, 1981.

Attorney(s) appearing for the Case

Messrs. Parks, Eisele, Bates & Wilsman, Mr. James M. Wilsman and Mr. Edward M. Janis, for relators.

Mr. Floyd B. Oliver, Messrs. Berkman, Gordon, Murray & Palda, Mr. Bernard A. Berkman and Mr. J. Michael Murray, for respondents members of city council.

Climaco, Seminatore, Lefkowitz & Kaplan, Co., L.P.A., Mr. John R. Climaco and Mr. Shimon Kaplan, for respondent Mercedes Cotner.

Per Curiam.

All respondents have filed motions to dismiss. After examination of these motions, we are of the opinion that they are without merit.

Respondent Cotner urges dismissal of relators' complaint for failure to join as indispensable parties the city of Cleveland and the Attorney General of Ohio, pursuant to R. C. 2721.12. Examination of that statute reveals it applies to actions in which declaratory relief is sought. This is an original action...

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