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STATE, EX REL. GREGORY v. MASHETER.

No. 39282.

3 Ohio St. 2d 43 (1965)

THE STATE, EX REL. GREGORY, APPELLEE, v. MASHETER, DIRECTOR OF HIGHWAYS, APPELLANT.

Supreme Court of Ohio.

Decided June 30, 1965.

Attorney(s) appearing for the Case

Mr. Thomas F. Joseph and Mr. Steven E. Cichon, for appellee.

Mr. William B. Saxbe, attorney general, Mr. I. Charles Rhoads and Mr. Harry N. Kandel, for appellant.

Per Curiam.

The motion is well taken. The order overruling the motion to quash service of summons is not a final appealable order as defined by Section 2505. 02, Revised Code. Respondent is not precluded by the overruling of the motion to quash but may make a full defense in the action without waiving his objection to jurisdiction. State, ex rel. Rhodes, Aud., v. Solether, Judge, 162 Ohio St. 559.

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