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STATE, EX REL. WALLACE, v. TYACK

Nos. 83-1101 and 83-1417.

13 Ohio St. 3d 4 (1984)

THE STATE, EX REL. WALLACE, APPELLEE, v. TYACK, JUDGE, APPELLANT. THE STATE, EX REL. EDWARDS, v. CRAWFORD, JUDGE.

Supreme Court of Ohio.

Decided October 10, 1984.

Attorney(s) appearing for the Case

Messrs. Lane, Alton & Horst, Mr. Jack R. Alton and Mr. Theodore M. Munsell, for appellee in case No. 83-1101.

Mr. Anthony J. Celebrezze, Jr., attorney general, and Mr. David E. Northrop, for appellant in case No. 83-1101.

Charles Roger Andrews Co., L.P.A., and Mr. Charles R. Andrews, for relator in case No. 83-1417.

Mr. Michael Miller, prosecuting attorney, and Mr. Craig B. Paynter, for respondent in case No. 83-1417.

Messrs. Lane, Alton & Horst, Mr. Jack R. Alton and Mr. Theodore M. Munsell, urging denial of the writ for amicus curiae, Dr. William A. Wallace, in case No. 83-1417.

Per Curiam.

In case No. 83-1101, Judge Tyack argues that the court of appeals erroneously allowed the writ to compel him to proceed to trial in the Court of Claims. We agree with Judge Tyack's arguments challenging the basis for that decision. First, the court of appeals erroneously determined that the stay issued in the Court of Claims deprived Dr. Wallace of raising potential collateral estoppel or res judicata defenses. These defenses require an identity...

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