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SCHWARZ v. BD. OF TRUSTEES OF OHIO STATE UNIV.

No. 86-634.

31 Ohio St. 3d 267 (1987)

SCHWARZ, APPELLEE, v. BOARD OF TRUSTEES OF THE OHIO STATE UNIV. ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 22, 1987.

Attorney(s) appearing for the Case

Baker, Baker & Sweterlitsch, Douglas A. Baker, Spater, Gittes & Terzian and Frederick M. Gittes, for appellee.

Anthony J. Celebrezze, Jr., attorney general, Gary E. Brown, Vorys, Sater, Seymour & Pease and G. Ross Bridgman for appellants.

SWEENEY, J.

In the cause sub judice, two issues are posed for our consideration: (1) whether R.C. 3335.03 permits the maintenance of a breach of contract action against the OSU Board of Trustees in the court of common pleas within the ambit of R.C. 2743.02(A)(1); and (2) whether the court of common pleas has jurisdiction to consider plaintiff's claim grounded in Section 1983, Title 42, U.S. Code. For the reasons that follow, we answer both questions in the...

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