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STATE EX REL. OHIO DEPT. OF MENTAL HEALTH v. NADEL

No. 2002-1770.

98 Ohio St.3d 405 (2003)

2003-Ohio-1632

THE STATE EX REL. OHIO DEPARTMENT OF MENTAL HEALTH ET AL., APPELLEES, v. NADEL, JUDGE, ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided April 16, 2003.

Attorney(s) appearing for the Case

Jim Petro, Attorney General, Jack W. Decker and Christina M. Wendell, Assistant Attorneys General, for appellees.

Michael K. Allen, Hamilton County Prosecuting Attorney, and Christian J. Schaefer, Assistant Prosecuting Attorney, for appellants Norbert A. Nadel and Richard A Bernat.

Hunter, Carnahan & Shoub and Robert R. Byard, urging affirmance for amicus curiae SEIU District 1199, the Health Care and Social Service Union, SEIU, AFL-CIO.

Mark E. Linder, Associate General Counsel, urging affirmance for amicus curiae Ohio Civil Service Employees Association, Local 11, AFL-CIO.

Per Curiam.

{¶ 1} Stewart M. Harris Jr., M.D., is a psychiatrist who was employed by the Pauline Warfield Lewis Center, an institution' located in Cincinnati, Ohio, and operated by appellee Ohio Department of Mental Health ("ODMH"). Dr. Harris was a member of a collective-bargaining unit represented by District 1199, the Health Care and Social Service Union, Service Employees International Union, AFL-CIO. Effective December 29, 1998, the center terminated...

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