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STATE, EX REL. NATL. BROADCASTING CO. v. CITY OF CLEVELAND

No. 89-2076.

57 Ohio St. 3d 77 (1991)

THE STATE, EX. REL. NATIONAL BROADCASTING COMPANY, INC., APPELLEE AND CROSS-APPELLANT, v. CITY OF CLEVELAND ET AL., APPELLANTS AND CROSS-APPELLEES.

Supreme Court of Ohio.

Decided January 23, 1991.

Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease, C. William O'Neill, Charles P. Hurley and Robert N. Webner, for appellee and cross-appellant.1

Craig S. Miller, law director, Barbara R. Marburger and Kathleen A. Martin, for appellants and cross-appellees.

Stephanie Tubbs Jones, prosecuting attorney, Patrick J. Murphy and Colleen C. Cooney, urging reversal for amicus curiae, Prosecuting Attorney of Cuyahoga County.

Lee I. Fisher, attorney general, Shawn H. Nau and Kirk T. Albrecht, urging reversal for amicus curiae, Ohio State Highway Patrol.

Per Curiam.

We hold that the court of appeals erred in finding these Cleveland police investigations did not create a "confidential law enforcement investigatory record" under R.C. 149.43(A)(2). We remand for an in camera inspection and redaction of protected information contained in these investigative files. We further hold the court of appeals did not err in declining to apply the "trial preparation record" exception under R.C. 149.43(A)(4), nor did...

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