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STATE EX REL. CONSOLIDATED RAIL CORP. v. GORMAN

No. 81-1509.

70 Ohio St. 2d 274 (1982)

THE STATE, EX REL. CONSOLIDATED RAIL CORPORATION, APPELLANT, v. GORMAN, JUDGE, APPELLEE.

Supreme Court of Ohio.

Decided June 30, 1982.

Attorney(s) appearing for the Case

Messrs. Skulina, Fillo, Walters & Negrelli, Mr. Stephen D. Walters and Mr. Thomas R. Skulina, for appellant.

Mr. John T. Corrigan, prosecuting attorney, and Mr. Patrick Carroll, for appellee.

Komito, Nurenberg, Plevin, Jacobson, Heller & McCarthy Co., L.P.A., Mr. Marshall I. Nurenberg and Mr. Harlan M. Gordon, for intervenor appellee.

Per Curiam.

A writ of mandamus may issue only where the relator shows (1) a clear legal right to the relief prayed for, (2) a clear legal duty upon respondent to perform the act requested, and (3) that relator has no plain and adequate remedy in the ordinary course of the law. State, ex rel. Butler, v. Demis (1981), 66 Ohio St.2d 123, 124; State, ex rel. Akron Fire Fighters, v. Akron (1978...

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