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STATE EX REL. SCHAEFER v. BOARD OF COUNTY COMMRS.

No. 3167.

11 Ohio App. 2d 132 (1967)

THE STATE, EX REL. SCHAEFER ET AL., v. BOARD OF COUNTY COMMRS. OF MONTGOMERY COUNTY.

Court of Appeals of Ohio, Montgomery County.

Decided April 14, 1967.

Attorney(s) appearing for the Case

Messrs. Harshman, Young, Colvin & Alexander, for relators.

Mr. Lee C. Falke, prosecuting attorney, and Mr. Paul J. Fleischauer, for respondent.

SHERER, J.

Relators are seeking a writ of mandamus commanding the respondent, Board of County Commissioners, to disregard all bids submitted for the construction of two incinerator plants. Relators allege that the plans and specifications prepared and distributed to contractors for bids are illegal. This matter is before the court on respondent's demurrer to the petition on the grounds (1) that relators lack standing to sue, and (2) that the petition fails to state...

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