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STATE EX REL. KOONCE v. INDUS. COMM.

No. 93-1665.

69 Ohio St.3d 436 (1994)

THE STATE EX REL. KOONCE, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 15, 1994.

Attorney(s) appearing for the Case

Stewart R. Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, for appellant.

Lee I. Fisher, Attorney General, and Gerald H. Waterman, Assistant Attorney General, for appellee Industrial Commission.

Vorys, Sater, Seymour & Pease and Robert A. Minor, for appellee Dresser Industries, Inc., Marion Division.

Per Curiam.

The appellate court, in making its determination, did not have the benefit of this court's decision in State ex rel. Rodriguez v. Indus. Comm. (1993), 67 Ohio St.3d 210, 616 N.E.2d 929, which held that the commission's continuing jurisdiction does not extend beyond the institution of mandamus proceedings. As such, the commission abused its discretion in vacating the order.

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