STATE EX REL. HUNTINGTON INS. AGENCY, INC. v. DURYEE

No. 94-1970.

73 Ohio St.3d 530 (1995)

THE STATE EX REL. HUNTINGTON INSURANCE AGENCY, INC. v. DURYEE, SUPERINTENDENT.

Supreme Court of Ohio.

Decided August 30, 1995.


Attorney(s) appearing for the Case

Porter, Wright, Morris & Arthur, Anthony J. Celebrezze, Jr., H. Grant Stephenson, Kathleen M. Trafford and Michael J. Barren, for relator.

Betty D. Montgomery, Attorney General, Ava W. Serrano and Julia M. Graver, Assistant Attorneys General, for respondent.

Emens, Kegler, Brown, Hill & Ritter, William J. Brown and Roger P. Sugarman, urging denial for amicus curiae, Independent Insurance Agents of Ohio, Inc.


Per Curiam.

As a preliminary matter, amicus Independent contends that the writ must be denied because Huntington failed to comply with R.C. 2731.04. R.C. 2731.04 provides that an action for a writ of mandamus "must be * * * in the name of the state on the relation of the person applying * * *." This court has previously held that a writ of mandamus may be denied where the action is not brought in the name of the state on the relation of the person requesting...

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