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STATE EX REL. MAZZARO v. FERGUSON

Nos. 89-508 and 89-787.

49 Ohio St. 3d 37 (1990)

THE STATE, EX REL. MAZZARO, APPELLEE, v. FERGUSON, AUDITOR, APPELLANT.

Supreme Court of Ohio.

Decided February 14, 1990.

Attorney(s) appearing for the Case

Sweet, Caywood & Winfield and Barry L. Sweet, for appellee.

Anthony J. Celebrezze, Jr., attorney general, and Catherine M. Cola, for appellant.

Squire, Sanders & Dempsey, Kim L. Swanson, David W. Alexander and Steven A. Martin, urging reversal for amicus curiae Ohio Society of Certified Public Accountants in case No. 89-508.

Per Curiam.

This appeal raises three questions for our review: (1) Did the court of appeals err in deciding that R.C. 149.43(B) required the Auditor to produce for inspection the Euclid audit records he had access to, but did not actually possess? (2) Did the court of appeals err in making any decision, because factual issues material to it remain in dispute? (3) Did the court of appeals abuse its discretion in awarding attorney fees?

For the following...

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