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STATE EX REL. FINDLAY INDUSTRIES v. INDUS. COMM.

No. 2008-0700.

121 Ohio St.3d 517 (2009)

2009-Ohio-1674

THE STATE EX REL. FINDLAY INDUSTRIES, Appellant, v. INDUSTRIAL COMMISSION OF OHIO ET AL., Appellees.

Supreme Court of Ohio.

Decided April 15, 2009.

Attorney(s) appearing for the Case

William W. Johnston, for appellant.

Richard A. Cordray, Attorney General, and Colleen C. Erdman, Assistant Attorney General, for appellee Industrial Commission.

Horenstein, Nicholson & Blumenthal and L. Frederick Sommer III, for appellee Shirley Ruark.

Per Curiam.

{¶ 1} Appellant, Findlay Industries, filed a complaint in mandamus in the Court of Appeals for Franklin County, alleging that appellee Industrial Commission of Ohio had abused its discretion by failing to consider certain evidence that it had submitted in connection with Shirley Ruark's application for permanent total disability compensation. Pursuant to Civ.R. 53 and Loc.R. 12(M) of the

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