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STATE EX REL. DUBLIN SECURITIES, INC. v. OHIO DIV. OF SECURITIES

No. 93-358.

68 Ohio St.3d 426 (1994)

THE STATE EX REL. DUBLIN SECURITIES, INC., APPELLEE, v. OHIO DIVISION OF SECURITIES ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided March 9, 1994.

Attorney(s) appearing for the Case

Climaco, Climaco, Seminatore, Lefkowitz & Garofoli Co., L.P.A., John R. Climaco, Richard M. Knoth and Kevin P. Prendergast, for appellee.

Lee I. Fisher, Attorney General, and Robert A. Zimmerman, Assistant Attorney General, for appellants.

King, Polson & Assoc., P.C., and Lee Polson, urging reversal for amicus curiae, North American Securities Administrators Association, Inc.

WRIGHT, J.

This case presents this court with its first opportunity to interpret R.C. 1707.12, the Ohio statute directed towards the inspection of documents filed with, or obtained through investigation by, the Division. In deciding this case two issues must be addressed. First, the court must determine whether and to what extent R.C. 1707.12 prevails over the public records statute, R.C. 149.43. If R.C. 1707.12 controls...

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