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STATE EX REL. COURT INDEX PRESS, INC. v. DETERS

No. 90-1039.

56 Ohio St. 3d 140 (1990)

[THE STATE, EX REL.] COURT INDEX PRESS, INC., v. DETERS, CLERK OF COURTS, ET AL.

Supreme Court of Ohio.

Decided December 20, 1990.

Attorney(s) appearing for the Case

Strauss & Troy, George H. Palmer and Mitchell B. Goldberg, for relator.

Arthur M. Ney, Jr., prosecuting attorney, James W. Harper and Robert E. Taylor, for respondents.

Gerald L. Draper and Albert L. Bell, urging granting of the writ for amicus curiae, Ohio State Bar Association.

Keating, Muething & Klekamp, Timothy A. Garry and Robert A. Klinger, urging denial of the writ for amici curiae, The Cincinnati Enquirer, Division of Gannett Satellite Information Network, Inc., and Scripps-Howard, Inc., d.b.a. The Cincinnati Post.

H. BROWN, J.

In this case, we must determine whether the relator is entitled to a writ of mandamus directing respondents to permit it to publish legal notices. For the reasons which follow, we hold that the Court Index qualifies as a newspaper of general circulation under R.C. 7.12, and that respondents' directives disqualifying relator from publishing legal notices are contrary to the fourth syllabus paragraph of Record Publishing Co. v. Kainrad (1990...

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