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STATE EX REL. CELESTE v. SMITH

No. 85-589.

17 Ohio St. 3d 163 (1985)

THE STATE, EX REL. CELESTE, GOVERNOR, ET AL., v. SMITH, JUDGE, ET AL.

Supreme Court of Ohio.

Decided May 8, 1985.

Attorney(s) appearing for the Case

Anthony J. Celebrezze, Jr., attorney general, Joel S. Taylor, Kathleen McManus, Connie J. Harris, Porter, Wright, Morris & Arthur, James E. Pohlman, Robert W. Trafford, Daniel W. Costello and Kathleen M. O'Malley, for relators.

S. Michael Miller, prosecuting attorney, William B. Shimp and Joan G. Robinson, for respondent.

Vorys, Sater, Seymour & Pease and John C. Elam, for intervening respondent.

Manley, Jordan & Fischer, Timothy A. Fischer and Andrew S. Lipton, urging allowance of the writ for amicus curiae, Home State Depositors Association.

Per Curiam.

Relators argue, in support of the allowance of the writ of prohibition, that R.C. Chapter 1157, made applicable to ODGF by Sub. S. B. No. 113, sets forth the exclusive and mandatory procedure to be followed in conservatorship and/or liquidation proceedings and that any attempt by respondent to circumvent the statutorily mandated proceedings amounts to a usurpation of judicial power. If established, such a claim is grounds for the allowance of a...

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