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STATE EX REL. STILLER v. COLUMBIANA EXEMPTED VILLAGE SCHOOL DIST. BD. OF EDN.

No. 95-320.

74 Ohio St.3d 113 (1995)

THE STATE EX REL. STILLER, APPELLANT, v. COLUMBIANA EXEMPTED VILLAGE SCHOOL DISTRICT BOARD OF EDUCATION, APPELLEE.

Supreme Court of Ohio.

Decided November 22, 1995.

Attorney(s) appearing for the Case

Rosenzweig, Schulz & Gillombardo Co., L.P.A., Issac Schulz and Bill J. Gagliano, for appellant.

Horning & Horning, Richard A. Horning and J. David Horning, for appellee.

Per Curiam.

In order to be entitled to a writ of mandamus, Stiller had to establish that he possesses a clear legal right to reemployment, that the board is under a clear legal duty to reemploy him, and that he has no plain and adequate remedy in the ordinary course of law. State ex rel. Carter v. Wilkinson (1994), 70 Ohio St.3d 65, 637 N.E.2d 1. In addition, Civ.R. 56(C) provides that before summary judgment...

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