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66 Ohio St. 2d 64

State ex rel. Kabatek v. Stackhouse

Ohio Supreme Court

Decided April 22, 1981

Ohio Supreme Court · decided 1981-04-22

Relies on State ex rel. Martin v. City of Columbus · Monaghan v. Richley · State ex rel. Osborn v. Jackson

Good law ✅— No negative treatment on recordhow we know

Decided 1981-04-22

How this case has been cited

Cited by 4 later decisions — most recently May 2009

4 state decisions

20198119902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1The only issue before this court is whether appellant utilized the proper remedy to obtain back pay, benefits, and reinstatement allegedly due him from the layoff *65of October 21, 1977. Mandamus is the proper remedy under these facts. State, ex rel Hamlin, v. Collins (1981), 65 Ohio St. 2d 63; State, ex rel. Colangelo, v. McFaul (1980), 62 Ohio St. 2d 200; State, ex rel. Martin, v. Columbus (1979), 58 Ohio St. 2d 261; State, ex rel. Osborn, v. Jackson (1976), 46 Ohio St. 2d 41; State, ex rel. Dean, v. Huddle (1976), 45 Ohio St. 2d 234; Monaghan v. Richley (1972), 32 Ohio St. 2d 190.

¶2The layoff of appellant on July 6, 1979, and any pending court actions resulting from that layoff, do not have a direct impact on the propriety of mandamus resulting from the layoff of October 21,1977. Thus, the pending action was improperly considered by the Court of Appeals.

¶3Appellees’ allegation that appellant retired retroactively to November 1,1977, is a factual question to be decided by the Court of Appeals and can be taken into consideration in the granting of back pay, if any, due to appellant.

¶4For the foregoing reason, the judgment of the Court of Appeals is reversed and the cause is remanded for further proceedings.

¶5Judgment reversed and cause remanded.

Celebrezze, C. J., W. Brown, P. Brown, Sweeney, Locher, Holmes and C. Brown, JJ., concur.
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