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MORIARTY v. WESTGATE CENTER

No. 36674.

172 Ohio St. 402 (1961)

MORIARTY, APPELLANT, v. WESTGATE CENTER, INC., APPELLEE, ET AL.

Supreme Court of Ohio.

Decided July 12, 1961.

Attorney(s) appearing for the Case

Messrs. Spangenberg, Hasenplue & Shibley and Mr. John G. Lancione, for appellant.

Messrs. Arter, Hadden, Wykoff & Van Duzer and Mr. Joseph A. Rotolo, for appellee.

TAFT, J.

Neither party nor the Court of Appeals raised any question as to the finality and appealability of the order granting the motion to quash. But see 2 Ohio Jurisprudence (2d), 610, Section 43. Hence, in view of the importance of the questions of law argued by the parties and apparently passed upon by the Court of Appeals, a majority of this court may, as it did in Rogers v. Toni Home Permanent Co,

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