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STATE EX REL. NEY v. NIEHAUS

No. 86-1373.

33 Ohio St. 3d 118 (1987)

THE STATE, EX REL. NEY, APPELLANT, v. NIEHAUS, JUDGE, APPELLEE.

Supreme Court of Ohio.

Decided December 2, 1987.

Attorney(s) appearing for the Case

Arthur M. Ney, Jr., prosecuting attorney, and Leonard Kirschner, for appellant.

H. Fred Hoefle, for appellee.

Per Curiam.

Mandamus should issue in this case only if appellant shows (1) that appellant has a clear legal right to the relief requested; (2) that appellee is under a clear legal duty to perform the requested act; and (3) that appellant has no plain and adequate remedy in the ordinary course of law. State, ex rel. Middletown Bd. of Edn., v. Butler Cty. Budget Comm. (1987),

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