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OHIO MOTOR VEHICLE DEALERS BD. v. REMLINGER

No. 83-3.

8 Ohio St. 3d 26 (1983)

OHIO MOTOR VEHICLE DEALERS BOARD, APPELLANT, v. REMLINGER, APPELLEE.

Supreme Court of Ohio.

Decided December 14, 1983.

Attorney(s) appearing for the Case

Mr. Anthony J. Celebrezze, Jr., attorney general, and Mr. B. Douglas Anderson, for appellant.

Amerman, Burt & Jones Co., L.P.A., and Mr. Richard G. Reichel, for appellee.

Messrs. Vorys, Sater, Seymour & Pease, Ms. Virginia M. Trethewey and Mr. Terry M. Miller, for amicus curiae Chrysler Corp.

CLIFFORD F. BROWN, J.

The sole issue is whether the trial court abused its discretion in not compelling Remlinger to testify before the administrative board following the board's appeal to the court of common pleas pursuant to R.C. 119.09. We hold the trial court did abuse its discretion in not compelling Remlinger to testify, and that the court of appeals committed reversible error in affirming the trial court.

R.C. 119.09 requires:

"In any case of...

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