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STATE EX REL. ARIAS v. INDUS. COMM.

No. 89-648.

49 Ohio St. 3d 76 (1990)

THE STATE, EX REL. ARIAS, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided February 21, 1990.

Attorney(s) appearing for the Case

Wagoner, Steinberg, Chinnis & Dorf, Joan H. Rife and Michael D. Dorf, for appellee.

Anthony J. Celebrezze, Jr., attorney general, James A. Barnes and Michael L. Squillace, for appellant.

Bugbee & Conkle, Gregory B. Denny and Robert P. King, for appellant ITT Higbie Manufacturing Co.

SWEENEY, J.

As cogently noted by the referee in the court of appeals below, in order for mandamus to issue, the person requesting such an extraordinary writ as a remedy from a determination of the Industrial Commission must show he or she has a clear legal right to such a remedy. See, e.g., State, ex rel. Westchester Estates, Inc., v. Bacon (1980), 61 Ohio St.2d 42, 15 O.O.3d 53, 399 N.E.2d 81, paragraph one...

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