NATL. CITY BANK v. BOWERS

Nos. 36781 and 36782.

172 Ohio St. 378 (1961)

THE NATIONAL CITY BANK OF CLEVELAND, APPELLANT, v. BOWERS, TAX COMMR., ET AL., APPELLEES. THE NATIONAL CITY BANK OF CLEVELAND, APPELLEE, v. BOWERS, TAX COMMR., APPELLANT.

Supreme Court of Ohio.

Decided July 12, 1961.


Attorney(s) appearing for the Case

Messrs. McAfee, Hanning, Newcomer & Hazlett, Mr. Rufus S. Day, Jr., and Mr. Bradford P. Colcord, for appellant in cause No. 36781 and appellee in cause No. 36782.

Mr. Mark McElroy, attorney general, and Mr. Joseph L. White, for appellees in cause No. 36781 and appellant in cause No. 36782.


WEYGANDT, C. J.

As presented by the parol evidence, stipulations and exhibits, the controlling facts are not in dispute.

The questions of law here presented require the application of several statutes, especially Section 5725.04, Revised Code, which reads:

"All the shares of the stockholders in a financial institution located in this state, incorporated or organized under the laws of the state or the United...

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