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STATE EX REL. WAITE v. BERRY

No. 83-800.

11 Ohio St. 3d 53 (1984)

THE STATE, EX REL. WAITE, APPELLANT, v. BERRY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 23, 1984.

Attorney(s) appearing for the Case

Allen M. Lehmkuhl Co., L.P.A., and Mr. Allen M. Lehmkuhl, for appellant.

Messrs. Martin, Browne, Hull & Harper and Mr. Robin R. Freeman, for appellees.

Mr. J. Walter Dragelevich, prosecuting attorney, Mr. Chris R. Van Schaik and Ms. Barbara P. Gorman, urging affirmance for amicus curiae, Ohio Prosecuting Attorneys Assn.

Per Curiam.

As both lower courts and amicus curiae point out the practice as followed in the Clark County Prosecutor's office is not proscribed by Ohio law, and is customary in the smaller populated counties of Ohio. The arrangement of allowing county prosecutors in smaller populated counties to engage in a private practice of law can be beneficial to subdivisions such as Clark County, in that it ensures that the county is able to attract competent and...

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