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MUNN v. HORVITZ CO.

Nos. 25951 and 25953.

120 Ohio App. 324 (1962)

MUNN ET AL., APPELLEES, v. THE HORVITZ CO. ET AL., APPELLANTS. (Two cases.)

Court of Appeals of Ohio, Cuyahoga County.

Decided July 6, 1962.

Attorney(s) appearing for the Case

Messrs. Merkel, Campbell, Dill & Zetzer, Mr. Russell B. Day and Mr. Ernest P. Mansour, for appellees.

Mr. Robert Krupansky, director of law, Mr. Mark McElroy, attorney general, and Mr. Alan M. Wolk, for appellants.

SKEEL, J.

This appeal comes to this court on questions of law and fact from a decree entered for the plaintiffs after trial in the Common Pleas Court of Cuyahoga County. The plaintiffs, with the exception of the village of Gates Mills, a municipal corporation, which became a party plaintiff by intervention and agreement, are all residents and landowners in a part of the village of Gates Mills situated in what can be described

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