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CITY OF MIDDLEBURG HTS. v. BROWN

No. 85-702.

24 Ohio St. 3d 66 (1986)

CITY OF MIDDLEBURG HEIGHTS, APPELLANT, v. BROWN, JUDGE, APPELLEE.

Supreme Court of Ohio.

Decided June 11, 1986.

Attorney(s) appearing for the Case

James N. Walters III and Frank J. Groh-Wargo, for appellant.

John T. Corrigan, prosecuting attorney, and Ralph P. Sobieski, for appellee.

Per Curiam.

Although the court of appeals dismissed the complaint in prohibition, we consider the issues it raises on the merits. "In an appeal as of right from a judgment of the court of appeals involving an extraordinary writ, this court will consider the case as if the action originally had been filed here." In re Petition for Mallory (1985), 17 Ohio St.3d 34.

The pertinent part of Civ. R. 41 reads...

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