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STATE EX REL. GRAY ROAD FILL, INC. v. WRAY

No. 95APE09-1122.

109 Ohio App.3d 812 (1996)

The STATE OF OHIO ex rel. GRAY ROAD FILL, INC., Appellee, v. WRAY, Director, et al., Appellees; United States Department of Labor, Appellant.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided March 14, 1996.

Attorney(s) appearing for the Case

Martin, Bailey & MacDonald and J. Stephen Cox, for appellee Gray Road Fill, Inc.

Betty D. Montgomery, Attorney General, and Frederick C. Schoch, Assistant Attorney General, for appellee Jerry Wray, Director, Ohio Department of Transportation.

McNamara & McNamara and Dennis D. Liston, for appellee National American Insurance Company.

Edmund A. Sargus, Jr., United States Attorney, and Deborah F. Sanders, Assistant United States Attorney, for appellant.

TYACK, Judge.

On July 12, 1994, Gray Road Fill, Inc. ("Gray") filed a complaint in mandamus against Jerry Wray, Director of the Ohio Department of Transportation, S.O.S. Construction Industries ("S.O.S.") and National American Insurance Company ("National"). Gray requested a declaration that it had a valid lien on funds held by the Ohio Department of Transportation ("ODOT") and an order compelling ODOT to release those funds to Gray. In the alternative, Gray requested...

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