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STATE EX REL. ABM v. INDUS. COMM.

No. 90AP-723.

76 Ohio App.3d 244 (1992)

The STATE ex rel. AMERICAN BUSINESS MACHINES, DIVISION OF ALCO STANDARD CORPORATION v. INDUSTRIAL COMMISSION OF OHIO et al.

Court of Appeals of Ohio, Franklin County.

Decided March 12, 1992.

Attorney(s) appearing for the Case

Thompson, Hine & Flory and Barry L. Lubow, for relator.

Lee I. Fisher, Attorney General, and Cordelia A. Glenn, for respondent Industrial Commission of Ohio.

WHITESIDE, Judge.

This original action in mandamus was, pursuant to Civ.R. 53 and Loc.R. 11 of this court, referred to a referee, who has rendered a report recommending that the requested writ of mandamus be denied. Relator, American Business Machines ("ABM"), has filed objections to the referee's report, contending that the referee misapplied the controlling law with respect to burden of proof and misapplied the controlling law in finding relator to be a succeeding...

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