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STATE, EX REL. SEARS, ROEBUCK & CO. v. INDUS. COMM.

No. 82AP-120.

2 Ohio App. 3d 255 (1982)

THE STATE, EX REL. SEARS, ROEBUCK & COMPANY, v. INDUSTRIAL COMMISSION OF OHIO ET AL.

Court of Appeals of Ohio, Franklin County.

Decided May 25, 1982.

Attorney(s) appearing for the Case

Messrs. Seeley, Savidge & Aussem, Mr. Keith Savidge and Mr. Thomas M. Carolin, for relator.

Mr. William J. Brown, attorney general, and Mr. Richard J. Forman, for respondent Industrial Commission.

Messrs. Cotruvo & Cusack and Ms. Mary Jo Cusack, for respondent Dana E. Artrip.

ON MOTION TO DISMISS

NORRIS, J.

This matter is before us on the motion of respondent Dana E. Artrip seeking alternative relief: (1) dismissal of this original action in mandamus due to relator's failure to comply with the requirement of R.C. 4123.519 that it pay to Artrip, during the pendency of this action, the compensation previously awarded him by respondent Industrial Commission, or (2) an order requiring relator to pay that compensation.

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