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STATE EX REL. OSBORN v. FAIRFIELD CTY. BD. OF ELECTIONS

No. 92-1691.

65 Ohio St.3d 194 (1992)

THE STATE EX REL. OSBORN v. FAIRFIELD COUNTY BOARD OF ELECTIONS.

Supreme Court of Ohio.

Opinion announced December 9, 1992.

Attorney(s) appearing for the Case

Eric P. Rotando, for relator.

David L. Landefeld, Prosecuting Attorney, and Roy E. Hart, Assistant Prosecuting Attorney, for respondent.

Per Curiam.

For the following reasons, we allow the writ. Respondent's motion to dismiss (which presumably is a motion to dismiss for failure to state a claim on which relief can be granted, although not identified as such) is overruled. It in no way appears "beyond doubt from the complaint that the plaintiff can prove no set of facts entitling him to recovery." O'Brien v. Univ. Community Tenants Union (1975), 42 Ohio St.2d 242<...

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