STATE EX REL. WEAN UNITED, INC. v. INDUS. COMM.

No. 86-1009.

37 Ohio St. 3d 203 (1988)

THE STATE, EX REL. WEAN UNITED, INC., APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLANT.

Supreme Court of Ohio.

Decided June 22, 1988.


Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease, Thomas M. Taggart and Sandra J. Anderson, for appellee.

Anthony J. Celebrezze, Jr., attorney general, and Gerald H. Waterman, for appellant.


Per Curiam.

The court of appeals granted the writ and required appellee to be compensated from the special fund under R.C. 4123.343. We reverse on jurisdictional grounds.

In State, ex rel. Pressley, v. Indus. Comm. (1967), 11 Ohio St.2d 141, 40 O.O. 2d 141, 228 N.E.2d 631, we held in paragraph three of the syllabus:

"When a petition stating a proper cause of action in mandamus is filed...

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