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STATE EX REL. DIE CO., INC. v. LAKE CTY. COURT OF COMMON PLEAS

No. 2010-L-107.

2011 Ohio 5232

State ex rel. Die Co., Inc., Relator, v. Court of Common Pleas Lake County, Eugene A. Lucci, et al., Respondents.

Court of Appeals of Ohio, Eleventh District, Lake County.

October 7, 2011.

Attorney(s) appearing for the Case

Natalie F. Grubb and John S. Lobur , Grubb & Associates, L.P.A., 437 West Lafayette Road, Suite 260-A, Medina, OH 44256 (For Relator).

Charles E. Coulson , Lake County Prosecutor, and Benjamin J. Neylon , Assistant Prosecutor, Administration Building, 105 Main Street, P.O. Box 490, Painesville, OH 44077 (For Respondent, Eugene A. Lucci).

Michael J. Feldman , Lallo & Feldman Co., L.P.A., Interstate Square Building I, 4230 State Route 306, Suite 240, Willoughby, OH 44094 (For Respondent, Jerry Ackley, III).

Richard Cordray , Ohio Attorney General, and Jeffrey B. Duber , Assistant Attorney General, State Office Building, 11th Floor, 615 West Superior Avenue, Cleveland, OH 44113-1899 (For Respondent, Industrial Commission of Ohio).

OPINION

MARY JANE TRAPP, J.

{¶1} This action in mandamus is presently before this court for consideration of the three separate motions to dismiss of respondents, Judge Eugene Lucci of the Lake County Court of Common Pleas, the Industrial Commission of Ohio, and Jerry Ackley, III. As the primary contention under two of these motions, Judge Lucci and Mr. Ackley maintain that the petition of relator, Die Co., Inc., fails to state a viable...

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