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STATE EX REL. BEACON JOURNAL PUBLISHING CO. v. OHIO DEPT. OF HEALTH

No. 89-56.

51 Ohio St. 3d 1 (1990)

THE STATE, EX REL. BEACON JOURNAL PUBLISHING COMPANY, APPELLANT AND CROSS-APPELLEE, v. OHIO DEPARTMENT OF HEALTH ET AL., APPELLEES AND CROSS-APPELLANTS.

Supreme Court of Ohio.

Decided May 2, 1990.

Attorney(s) appearing for the Case

Roetzel & Andress, Norman S. Carr and Ronald S. Kopp, for appellant and cross-appellee.

Anthony J. Celebrezze, Jr., attorney general, Bryan L. Jeffries and Lawrence D. Pratt, for appellees and cross-appellants.

WRIGHT, J.

The only question before us is whether the court of appeals erred in denying appellant and cross-appellee Beacon Journal its attorney fees incurred in obtaining the writ of mandamus ordering release of the Dee Maret reports. We hold that the court of appeals correctly applied the criteria for awarding attorney fees set out in State, ex rel. Fox, v. Cuyahoga Cty. Hosp. System (1988), 39 Ohio St.3d 108

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