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STATE EX REL. CARPENTER v. INDUS. COMM.

No. 89-1606.

50 Ohio St. 3d 85 (1990)

THE STATE, EX REL. CARPENTER, v. INDUSTRIAL COMMISSION OF OHIO ET AL.

Supreme Court of Ohio.

Decided April 11, 1990.

Attorney(s) appearing for the Case

Michael Garth Moore, for relator.

Anthony J. Celebrezze, Jr., attorney general, Jeffery W. Clark, for respondent Industrial Commission and Lorainne M. Nester, for respondent Mary Ellen Withrow.

Per Curiam.

In construing a complaint upon a motion to dismiss for failure to state a claim, we must take all the complaint's factual allegations as true and make all reasonable inferences in favor of the non-moving party. Mitchell v. Lawson Milk Co. (1988), 40 Ohio St.3d 190, 192, 532 N.E.2d 753, 756. The complaint may be dismissed only if it appears beyond doubt that the plaintiff can prove no set...

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