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SWANKOWSKI v. DIETHELM

No. 4747.

98 Ohio App. 271 (1953)

SWANKOWSKI, APPELLANT, v. DIETHELM, APPELLEE.

Court of Appeals of Ohio, Lucas County.

Decided December 7, 1953.

Attorney(s) appearing for the Case

Mr. William D. Driscoll and Mr. Dave Topper, for appellant.

Messrs. Marshall, Melhorn, Bloch & Belt, for appellee.

CONN, J.

The trial court sustained the demurrer of defendant to plaintiff's petition and, plaintiff not desiring to plead further, her petition was dismissed and judgment of dismissal and for costs was entered.

The material allegations in plaintiff's petition disclose that an earlier action had been filed in the Court of Common Pleas by plaintiff against defendant and that the demurrer of defendant to her petition...

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