Opinion
No. 28363
Decided December 18, 1940.
Supreme Court — Dismissal — No debatable constitutional question involved — Action by taxpayer against Director of Public Works — Challenging lease executed by director — State real party in interest — Director cannot enter appearance of state.
APPEAL from the Court of Appeals of Hamilton county.
Mr. Larz R. Hammel and Mr. Charles K. Pulse, for appellant.
Messrs. Peck, Shaffer, Williams Gorman and Mr. William B. Petermann, for appellee, Joseph R. Timberman.
Mr. Thomas J. Herbert, attorney general, for appellee, Carl G. Wahl, director of public works.
It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.
Appeal dismissed.
WEYGANDT, C.J., DAY, ZIMMERMAN, TURNER, WILLIAMS, MATTHIAS and HART, JJ., concur.