ANDERSON v. GENERAL MOTORS

No. 6871.

116 Ohio App. 92 (1962)

ANDERSON, APPELLEE, v. GENERAL MOTORS CORP., TERNSTEDT DIVISION, APPELLANT; YOUNG, ADMR., BUREAU OF WORKMEN'S COMPENSATION, APPELLEE.

Court of Appeals of Ohio, Franklin County.

Decided June 12, 1962.


Attorney(s) appearing for the Case

Messrs. Solsberry, Ketcham & Radar, for plaintiff appellee.

Messrs. Vorys, Sater, Seymour & Pease and Mr. Russell P. Herrold, Jr., for appellant.

Mr. Mark McElroy, attorney general, Mr. Alvin C. Vinopal and Mrs. Mary Spivey Durham, for defendant appellee.


DUFFY, J.

This is an appeal from an entry of the Common Pleas Court of Franklin County, wherein the trial judge fixed the attorney fees as part of the costs in a case in which the claimant was successful in an appeal made by the employer from a decision of the Industrial Commission.

The employer questions the right of the trial court to tax the attorney fees as part of the costs because the motion or application to the court for attorney fees was not made...

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