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PENN. RD. CO. v. S.-S. CONSERV. DIST.

No. 5322.

101 Ohio App. 61 (1956)

PENNSYLVANIA RAILROAD CO., APPELLEE, v. SCIOTO-SANDUSKY CONSERVANCY DISTRICT, APPELLANT; DUNN, AUD., ET AL., APPELLEES.

Court of Appeals of Ohio, Franklin County.

Decided February 24, 1956.

Attorney(s) appearing for the Case

Messrs. Porter, Stanley, Treffinger & Platt, for plaintiff appellee.

Mr. Allen I. Pretzman, for appellant.

Mr. Samuel L. Devine, prosecuting attorney, and Mr. Earl W. Allison, for defendant appellees.

FESS, J.

This is an appeal on questions of law and fact by one of the defendants, Scioto-Sandusky Conservancy District, from a judgment of the Common Pleas Court of Franklin County. An appeal undertaken by The Sharon Realty Company, plaintiff in a companion case consolidated with the railroad case for trial below, was dismissed upon motion of the railroad prior to the hearing de novo of the instant case.

I.

Consideration upon this appeal of...

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