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ROBINSON v. MOTOR FREIGHT

Nos. 37449, 37450 and 37451.

174 Ohio St. 498 (1963)

ROBINSON, APPELLANT, v. COMMERCIAL MOTOR FREIGHT, INC., APPELLEE. LINK, APPELLANT, v. COMMERCIAL MOTOR FREIGHT, INC., APPELLEE. DAVIS, APPELLANT, v. COMMERCIAL MOTOR FREIGHT, INC., APPELLEE.

Supreme Court of Ohio.

Decided May 8, 1963.

Attorney(s) appearing for the Case

Mr. Garver Oxley and Mr. John C. Firmin, for appellants.

Messrs. Spengler, Nathanson, Heyman, McCarthy & Durfee and Mr. David A. Katz, for appellee.

HERBERT, J.

Two basic questions of law are interposed by the appellant.

(1) Did the judgment of the Court of Appeals, affirming the judgment of the Court of Common Pleas treating the demurrer as a motion to dismiss, constitute prejudicial error?

(2) Did the Court of Appeals err to the prejudice of the appellant by affirming the judgment of the Court of Common Pleas sustaining the motion to dismiss the...

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