Opinion

State ex rel. Ohio AFL-CIO v. Industrial Commission

58 Ohio St. 2d 458
12 Ohio Op. 3d 383
391 N.E.2d 315
1979 Ohio LEXIS 458

Court: Ohio Supreme Court
Filed: Jun 27, 1979
Status: Published
On the bench: Brown, Celebrezze, Herbert, Holmes, Locher, Sweeney
Cited by: 1 cases
Authority: More cited than 47.3%

The opinion

Per Curiam.

Eelators have failed to allege facts givr ing rise to a clear legal duty entitling them to the writ of mandamus. Furthermore, relators do not allege that the commission lacks jurisdiction to act, but only that such action would be erroneous. If a tribunal has jurisdiction to determine the question before it, a writ of prohibition will not issue to prevent it from exercising that authority. State, ex rel. McCaffrey, v. Cleveland (1978), 54 Ohio St. 2d 346, 347 .

Accordingly, the writs of mandamus and prohibition are denied.- .

Writs denied.

CeLEBREZZE, . C. ■ J., HERBERT, W. Brown, P. Brown, Sweeney, Locher and Holmes, JJ., concur.

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