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STATE OF OHIO, ETC. v. CITY OF GREENFIELD, OHIO

No. C-1-80-434.

528 F.Supp. 955 (1981)

STATE OF OHIO, ex rel. STAR SUPPLY, DIVISION OF STAR INDUSTRIES, INC., Plaintiff, v. CITY OF GREENFIELD, OHIO, et al., Defendants.

United States District Court, S. D. Ohio, W. D.

December 22, 1981.

Attorney(s) appearing for the Case

Jeffrey L. McClelland, Columbus, Ohio, for plaintiff.

Ralph W. Phillips, Greenfield, Ohio, John J. Finnigan, Cincinnati, Ohio, Nicholas J. Pantel, Asst. U.S. Atty., Cincinnati, Ohio, for defendants; Karen B. Brown, Tax Division, Dept. of Justice, Washington, D. C., of counsel.

OPINION

DAVID S. PORTER, Senior District Judge:

This action was commenced by a "Complaint in Mandamus," pursuant to Ohio Rev. Code § 1311.32, in the Court of Common Pleas of Highland County, Ohio. In the state court, the defendant City of Greenfield answered and interpleaded the following as claimants to the fund in its possession: Star Supply, Division of Star Industries, Inc. (the relator in mandamus); the United States, Internal Revenue Service;...

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