State ex rel. Lee v. Ferguson

In State, ex rel. Fry, v. Ferguson (1973), 34 Ohio St. 2d 252, 298 N. E. 2d 129, the court allowed writs of mandamus compelling respondents therein, including t'he Auditor and Treasurer of State, to pay classified state employees at the rates of pay provided in S. B. No. 147. It was the court’s view, at page 256, in that ease “that the federal law regulating the pay of state employees does not supersede the state statute.”

After the decision in Fry, supra, the United States, *161in October 1973, obtained in the Temporary Emergency Oonrt of Appeals an injunction restraining the state of Ohio from…