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RYAN v. TRACY

No. 82-1103.

6 Ohio St. 3d 363 (1983)

RYAN, APPELLANT, v. TRACY, CTY. AUDITOR, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 31, 1983.

Attorney(s) appearing for the Case

Mr. Ronald B. Noga, for appellant.

Mr. Michael Miller, prosecuting attorney, Ms. Joan G. Robinson, Smith & Schnacke Co., L.P.A., Ms. Maryann B. Gall and Mr. Matthew T. Fitzsimmons, for appellees.

Messrs. Carlile, Patchen, Murphy & Allison and Mr. Robert J. Kosydar, urging affirmance for amicus curiae, County Auditors Association of Ohio.

LOCHER, J.

Appellant asks us to find both that the appellate court erred in upholding the trial court's bar of his action for failure to comply with the requirements of R.C. 2723.01 et seq., and that R.C. 319.36 and R.C. Chapter 2721 are the controlling statutes in the instant action. Appellees request that should this court find R.C. 319.36 applicable to the case at bar that we also appoint a special master commissioner to assist in determining the import...

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