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STATE EX REL. WEISS v. INDUS. COMM.

No. 91-2294.

65 Ohio St.3d 470 (1992)

THE STATE EX REL. WEISS v. INDUSTRIAL COMMISSION OF OHIO ET AL.

Supreme Court of Ohio.

Decided December 11, 1992.

Attorney(s) appearing for the Case

Lane, Alton & Horst and William Scott Lavelle, for relator.

Lee I. Fisher, Attorney General, Angela G. Phelps-White and Darlene E. Chavers, Assistant Attorneys General, for respondents.

Per Curiam.

We overruled a motion to dismiss Weiss' complaint by entry dated May 27, 1992, 63 Ohio St.3d 1473, 591 N.E.2d 243. Perry and the commission, however, did not file their answer within fourteen days after receiving notice of the entry, as required by Civ.R. 12(A)(2)(a), and, on July 2, 1992, Weiss moved for default judgment pursuant to Civ.R. 55. On July 24, 1992, Perry and the commission requested leave to answer.

For the reasons that follow...

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