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STATE EX REL. MORRISSEY v. INDUS. COMM.

No. 84-601.

18 Ohio St. 3d 285 (1985)

THE STATE, EX REL. MORRISSEY, v. INDUSTRIAL COMMISSION OF OHIO ET AL.

Supreme Court of Ohio.

Decided July 24, 1985.

Attorney(s) appearing for the Case

Lang, Horenstein & Dunlevey, Bruce I. Nicholson and Stephen A. Watring, for relator.

Anthony J. Celebrezze, Jr., attorney general, and Jeffery W. Clark, for respondent Industrial Commission.

Smith & Schnacke Co., L.P.A., Michael F. Krall, Steve C. Carr, Sherry J. Cato and Gary W. Auman, for respondent Federal Flooring Co.

Per Curiam.

By this original action in mandamus, relator maintains the commission abused its discretion by failing to find a violation of the following safety requirements contained in Ohio Adm. Code 4121:1-3-12:

"(E) Minimum instructions for qualifying operators.

"Instructions to operators in order to teach them the use of portable explosive-actuated fastening tools shall include, but shall not be limited to the following items:

"(1...

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