STATE AL MONZO CONSTR. v. BD. CONTROL WARREN, OHIO

Mandamus — Not available where adequate remedy by injunction — Municipal corporations — Awarding contract for construction of sewer — Discretion of city officials.

Per Curiam.

If relator is correct in its contentions, it would have an adequate remedy in the ordinary course of the law. The motion to dismiss the petition will be treated as a demurrer. The petition failing to state a cause of action in mandamus, the demurrer is sustained, and the writ of mandamus is denied. State, ex rel. Cotleur, v. Board of Education of Cleveland Heights School District, 171 Ohio St. 335.

Writ denied.

WEYGANDT, C.J., ZIMMERMAN, TAFT, MATTHIAS, BELL, RADCLIFF and O'NEILL, JJ., concur.

RADCLIFF, J., of the Fourth Appellate District, sitting by designation in the place and stead of HERBERT, J.