COURT OF APPEALS OF OHIO, EIGHTH DISTRICT 
                        COUNTY OF CUYAHOGA 
                             NO. 68385
STATE OF OHIO, EX REL.        :
JAMES PAHLER, ETC., ET AL.    :
                              :
        Relators              :     PETITION FOR WRIT OF 
                              :        MANDAMUS
     -vs-                     : 
                              :
CITY OF CLEVELAND, ET AL.     :     (MOTION FOR APPOINTMENT
                              :        OF COMMISSIONER)
        Respondents           :               
                              :        MOTION NO. 61478 
DATE OF ANNOUNCEMENT          :       
  OF DECISION                 :     APRIL 14, 1995        
JUDGMENT                      :   JOINT MOTION FOR APPOINTMENT
                                  OF COMMISSIONER IS GRANTED.
DATE OF JOURNALIZATION        :                        
APPEARANCES:
For relators:                 For respondents:
Thomas M. Hanculak, Esq.      Malcolm C. Douglas
1360 S.O.M. Center Road       Assistant Director of Law
Cleveland, Ohio  44124-2189   City of Cleveland
                              Room  106 - City Hall
                              601 Lakeside Avenue
                              Cleveland, Ohio  44114
                               - 2 -
SWEENEY, JAMES D., J.:  
     Pursuant to Loc. App.R. 8(B)(2), the  court appoints Arthur P.
Lambros, 5709 Smith Road, Brookpark,  Ohio, 44142, (telephone: 433-
7755), as commissioner  to hear evidence  as to issues of  disputed
fact only and to  file a report of factual findings  with the clerk
of this court.  If the parties enter into any stipulations of fact,
those  stipulations  shall be  filed with  the  clerk prior  to any
evidentiary hearing by the commissioner.  Any stipulations or other
filings made prior  to the filing  of the commissioner's report  of
factual findings shall be served upon the commissioner.  
     In order to provide  for the initial  costs for the taking  of
testimony, on or before  May 1, 1995, the parties shall deposit the
following amounts with the clerk  of this court as costs:   relator
shall deposit $1,000.00; respondent shall  deposit $1,000.00.  This
action shall  not proceed  to an  evidentiary hearing  unless these
amounts  are deposited in full.   Failure of the parties to deposit
their respective shares  will result in  sanctions.  If  additional
funds are required, the commissioner is authorized  to petition the
court  for  those  funds   in  advance.    The  approved   rate  of
compensation for services  provided by the commissioner,  Arthur P.
Lambros, shall be $200.00 per hour.  
     At the conclusion of this action, the actual fees and expenses
for the taking of  testimony will be taxed  as costs in  accordance
with Loc. App.R. 8(B)(2).  If excess funds have been deposited with
the clerk, the  excess will be refunded to the parties in an amount
                               - 3 -
proportional to their contribution.  
     The parties shall  arrange for and  directly pay all fees  and
expenses for the attendance of a  court reporter at any evidentiary
hearing and the  preparation of  a transcript.   The parties  shall
share  these  fees  and  expenses  in  the  following  proportions:
relator shall pay one-half; respondent shall  pay one-half.  At the
conclusion of the case, the fees and expenses for the attendance of
a court reporter at any evidentiary  hearing and the preparation of
a transcript shall be taxed as costs in accordance with Loc. App.R.
8(B)(2) upon application of any party.  
     The parties are  to submit briefs  on the merits according  to
the following schedule:  relator's brief  due thirty days after the
filing   of  the   commissioner's  report   of   factual  findings;
respondent's  brief due thirty days  after service of  relator's   
brief; and relator's  reply brief, if  any, due fifteen days  after
service of respondent's brief.  
DONALD C. NUGENT, J., CONCURS
JOSEPH J. NAHRA, J., CONCURS.  
.