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FLEMING v. NOBLE

No. 1173.

111 Ohio App. 289 (1959)

FLEMING ET AL., APPELLANTS, v. NOBLE, DIRECTOR OF HIGHWAYS, APPELLEE.

Court of Appeals of Ohio, Wayne County.

Decided December 23, 1959.

Attorney(s) appearing for the Case

Mr. A. Ross Siverling and Mr. Hugh I. Troth, for appellants.

Mr. Mark McElroy, attorney general, and Mr. William E. Fowler, Jr., for appellee.

DOYLE, P. J.

A judgment entered in the Court of Common Pleas of Wayne County, which sustained a demurrer filed by Charles M. Noble, Director of Highways of the state of Ohio, to a petition filed by Merle Fleming and Emma Fleming against said director, furnishes the basis for this appeal by the plaintiffs below, the appellants here.

The petition alleges in substance that:

(1) The plaintiffs own approximately...

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