FESS, J.
This is an appeal on questions of law from the" entry of a summary judgment in favor of defendants, appellees herein. Defendants moved the court to enter a summary judgment on their behalf "and in support of such motion, and in accordance with R. C. 2311.041 defendants refer the court to `Exhibit No. 1,' deposition of the plaintiff, and to defendant's brief filed herewith." Exhibit No. 1 is a carbon copy of a deposition of the plaintiff taken by defendants...
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