STATE EX REL. DAVIS v. PUB. EMPS. RETIREMENT BD.

No. 2005-2426.

111 Ohio St.3d 118 (2006)

2006-Ohio-5339

THE STATE EX REL. DAVIS ET AL., APPELLANTS, v. PUBLIC EMPLOYEES RETIREMENT BOARD ET AL., APPELLEES.

Supreme Court of Ohio.

Decided November 1, 2006.


Attorney(s) appearing for the Case

Buckley King, L.P.A., James E. Melle, and John Hallbauer, for appellants.

Jim Petro, Attorney General; Jones Day, Michael R. Gladman, and Kerstin Sjoberg-Witt, for appellee Public Employees Retirement Board.

Ron O'Brien, Franklin County Prosecuting Attorney, and Nick Soulas, Assistant Prosecuting Attorney; and Adams, Babner & Rasmussen, L.L.C., and Teri G. Rasmussen, for appellees Franklin County Board of County Commissioners, Franklin County Public Defender Commission, Franklin County Public Defender, and Yeura Venters.

Scheuer, Mackin & Breslin, L.L.C., and Robert S. Corker; and Strauss & Troy, Richard S. Wayne, and John M. Levy, urging reversal for amici curiae, Frisch's Restaurants, Inc., United Dairy Farmers, Inc., J.W. Harris Co., Inc., and Peck, Hannaford & Briggs.


Per Curiam.

{¶ 1} This is an appeal from a judgment denying a motion for class certification in a mandamus case.1

Historical Background

{¶ 2} In 1976, the General Assembly enacted R.C. Chapter 120, the Public Defenders Act, which established the Ohio Public Defender Commission and authorized counties to create county and...

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