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HARRISON v. JUDGE

No. 91-1106.

63 Ohio St.3d 766 (1992)

HARRISON, HEALTH COMMISSIONER, ET AL., APPELLEES, v. JUDGE, MAYOR, ET AL., APPELLEES; OHIO COUNCIL 8, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided June 10, 1992.

Attorney(s) appearing for the Case

Blakemore, Meeker, Varian, Looney & Bowler Co., L.P.A., and Donald S. Varian, Jr., for appellees Joseph R. Harrison, Health Commissioner of the city of Barberton, et al.

Johnson, Balazs & Angelo and James A. Budzik, for appellees William Judge, Mayor, and city of Barberton.

Ronald H. Janetzke, for appellants Ohio Council 8, American Federation of State, County and Municipal Employees, AFL-CIO, and Local 265, American Federation of State, County and Municipal Employees, AFL-CIO.

Livingston, Sell, Johnston & Kemmer and A. Melvin Kemmer, urging affirmance for amicus curiae, Association of Ohio Health Commissioners and Ohio Association of Boards of Health.

The cause is affirmed on authority of the court of appeals' opinion below, rendered April 10, 1991, and attached as an appendix to this entry.

MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT, H. BROWN and RESNICK, JJ., concur.

APPENDIX

QUILLIN, Presiding Judge. The city of Barberton ("Barberton") is a charter city. By charter amendment, Barberton created a board of health ("board").

On May 17, 1987, Joseph Harrison, Health Commissioner of the...

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