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STATE, EX REL. KROGER CO., v. STOVER

No. 86-1357.

31 Ohio St. 3d 229 (1987)

THE STATE, EX REL. KROGER COMPANY, APPELLANT, v. STOVER ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 15, 1987.

Attorney(s) appearing for the Case

Porter, Wright, Morris & Arthur, Darrell R. Shepard and Charles J. Kurtz III, for appellant.

Ward, Kaps, Bainbridge, Maurer, Bloomfield & Melvin and William J. Melvin, for appellee John W. Stover.

Anthony J. Celebrezze, Jr., attorney general, and Jeffery W. Clark, for appellees Administrator, Bureau of Workers' Compensation, and Industrial Commission of Ohio.

Marshall & Melhorn, Terrance L. Ryan and Jennifer J. Dawson, urging reversal for amicus curiae, Acklin Stamping Division.

HERBERT R. BROWN, J.

The primary issues presented are (1) whether the trial court erred in dismissing appellant's appeal brought pursuant to R.C. 4123.519 and (2) whether the trial court erred in denying relator-appellant's application for a writ of mandamus. We hold in the negative as to both issues and, accordingly, affirm the judgment of the court of appeals.

I

R.C. 4123.519 provides in pertinent...

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