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McANINCH v. CRUMBLEY

No. 80-963.

65 Ohio St. 2d 31 (1981)

MCANINCH, APPELLANT, v. CRUMBLEY, SHERIFF, APPELLEE.

Supreme Court of Ohio.

Decided March 18, 1981.

Attorney(s) appearing for the Case

Messrs. Thornburg & Bean and Mr. Charles H. Bean, for appellant.

Mr. Edward G. Sustersic, prosecuting attorney, and Mr. James L. Nichelson, for appellee.

CLIFFORD F. BROWN, J.

Whether a deputy sheriff holds a fiduciary or administrative relationship to the sheriff is a question of fact dependent on the actual duties assigned to and performed by the deputy sheriff. In re Termination of Employment (1974), 40 Ohio St.2d 107; State, ex rel. Emmons, v. Lutz (1936), 131 Ohio St. 466. In this case, the hearing examiner determined as fact that McAninch held a...

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