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STATE, EX REL. DURKIN, v. YOUNGSTOWN CITY COUNCIL

No. 82-1772.

9 Ohio St. 3d 132 (1984)

THE STATE, EX REL. DURKIN, CLERK, APPELLEE, v. CITY COUNCIL OF YOUNGSTOWN ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided February 8, 1984.

Attorney(s) appearing for the Case

Mr. Avetis G. Darvanan and Mr. Richard J. LaCivita, for appellee.

Mr. Edward N. Sobnosky, director of law, and Mr. William J. Higgins, for appellants.

J. P. CELEBREZZE, J.

We initially note that this appeal is not concerned with the amount of salary to be paid to the appellee herself as that figure is fixed by statute and is not subject to the discretion of either appellee or council.1 Rather, the controversy centers around the amount of salary to be paid the deputy clerks.

R.C. 1901.31(H) provides for the compensation of deputy clerks as follows:

"Deputy clerks may be...

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