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LIVINGSTON v. CLAWSON

No. 81-CA-59.

2 Ohio App. 3d 173 (1982)

LIVINGSTON ET AL., APPELLEES, v. CLAWSON ET AL., APPELLANTS.

Court of Appeals of Ohio, Miami County.

Decided June 8, 1982.

Attorney(s) appearing for the Case

Messrs. Black, McCuskey, Souers & Arbaugh, Mr. Loren E. Souers and Mr. David D. Dowd, Jr., for plaintiffs-appellees.

Shipman, Utrecht & Dixon Co., L.P.A., and Mr. James C. Utrecht, for defendants-appellants.

Messrs. Miller, Schlemmer & Luring and Mr. Roger E. Luring, for third-party defendant-appellant Miami County Democratic Party.

BROGAN, J.

On April 17, 1981, the plaintiffs, seven elected county officials for Miami County, filed an action seeking relief by way of declaratory judgment with respect to their claim that Section 3 of Am. Sub. H.B. No. 1122, adopted by the General Assembly effective December 20, 1980, was unconstitutional and severable from the remaining Sections 1, 2 and 4 of the Act. The seven county officials included the prosecuting attorney, the sheriff, the engineer, the recorder...

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