STATE EX REL. CREDIT LIFE INS. CO. v. CITY OF SPRINGFIELD

No. 88-2126.

49 Ohio St. 3d 270 (1990)

THE STATE, EX REL. CREDIT LIFE INSURANCE COMPANY, v. CITY OF SPRINGFIELD ET AL.

Supreme Court of Ohio.

Decided March 14, 1990.


Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease, James P. Kennedy, C. William O'Neill and Arthur E. Phelps, Jr., for relator.

Squire, Sanders & Dempsey, John R. Gall, David W. Alexander, Raymond D. Davis and Patrick J. Bonfield, director of law, for respondents city of Springfield and its city officers.

H. Marvin Felman, for respondent Steve R. Rauch, Inc.

Freund, Freeze & Arnold and Gordon D. Arnold, for respondent Development Corporation of Springfield.


Per Curiam.

We overrule the motion to dismiss and grant a peremptory writ of mandamus as requested by relator.

First, the city's motion to dismiss does not attack the company's brief, but seeks to argue the merits of the case. We have previously disapproved of this use of the motion to dismiss in extraordinary writ cases. Assn. for the Defense of the Washington Local School Dist. v. Kiger

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