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STATE, EX REL. BEACON JOURNAL PUBLISHING CO. v. RADEL

No. 90-1018.

57 Ohio St. 3d 102 (1991)

THE STATE, EX REL. BEACON JOURNAL PUBLISHING COMPANY, APPELLEE, v. RADEL, CLERK OF MASSILLON MUNICIPAL COURT, ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided January 30, 1991.

Attorney(s) appearing for the Case

Roetzel & Andress, Ronald S. Kopp and Amie L. Bruggeman, for appellee.

Timothy G. Andrews, for appellant Edward Radel, Jr.

Amerman, Burt & Jones Co., L.P.A., and V. Lee Sinclair, Jr., for appellant Judge Richard T. Kettler.

Per Curiam.

This case presents serious factual and legal issues, but the court of appeals did not address them; instead, it summarily granted a peremptory writ of mandamus, giving appellants no chance to challenge Beacon Journal's assertions. We conclude that the court of appeals improperly issued the writ.

A court may grant a peremptory writ only in limited circumstances. R.C. 2731.06 provides: "When...

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