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REDMAN v. DEPT. OF INDUS. REL.

No. 94-2284.

75 Ohio St.3d 399 (1996)

REDMAN, APPELLANT, v. OHIO DEPARTMENT OF INDUSTRIAL RELATIONS ET AL., APPELLEES.

Supreme Court of Ohio.

Decided April 10, 1996.

Attorney(s) appearing for the Case

Butler, Cincione, DiCuccio & Dritz and Alphonse P. Cincione; Ashworth & McKinniss and John Ashworth, for appellant.

Betty D. Montgomery, Attorney General, and Christopher Jones, Assistant Attorney General, for appellee Ohio Department of Industrial Relations, Division of Mines.

Simpson, Thacher & Bartlett, Michael P. Graney and Susan L. Simms, for appellee Central Ohio Coal Company.

ALICE ROBIE RESNICK, J.

The primary issue in this case is whether R.C. 1509.08 unlawfully delegates legislative authority to the Chief of ODM.

Section 36, Article II of the Ohio Constitution provides that laws may be passed "to provide for the regulation of methods of mining, weighing, measuring and marketing coal, oil, gas and all other minerals." Pursuant to this authority, and pursuant to the police power...

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