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STATE EX REL. BARAN v. FUERST

No. 91-1597.

65 Ohio St.3d 413 (1992)

THE STATE EX REL. BARAN, APPELLEE, v. FUERST, CUYAHOGA COUNTY CLERK OF COMMON PLEAS COURT, APPELLANT.

Supreme Court of Ohio.

Decided December 14, 1992.

Attorney(s) appearing for the Case

Stephanie Tubbs Jones, Prosecuting Attorney, Patrick J. Murphy and Michael P. Butler, Assistant Prosecuting Attorneys, for appellant.

Paul Mancino, Jr. and Edward J. Galaska, for appellee.

MOYER, C.J.

The issue presented by this appeal is whether Baran was removed from his position contrary to law and therefore entitled to reinstatement by mandamus.

It is established law in Ohio that a member of the classified civil service has the right to reinstatement and back pay by way of mandamus when his or her removal is contrary to the provisions of what is now R.C. 124.34. See State ex rel. Bay v. Witter (1924), 110 Ohio St. 216, 143 N.E. 556...

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