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PINCELLI v. OHIO BRIDGE CORP.

No. 39379.

5 Ohio St. 2d 41 (1966)

PINCELLI, APPELLEE, v. THE OHIO BRIDGE CORP. ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided January 5, 1966.

Attorney(s) appearing for the Case

Messrs. Knepper, White, Richards & Miller, Mr. John A. Jenkins, Mr. Donald A. Davies, Mr. Hugh A. Sherer, Messrs. Rowland, Bridgewater & Gray and Mr. Hal H. Rowland, for appellee.

Mr. Homer B. Gall, Jr., prosecuting attorney, Mr. Samuel B. Erskine, Messrs. Porter, Stanley, Treffinger & Platt, Mr. J. Ralston Werum, Mr. Michael D. Rose and Mr. Lawrence D. Stanley, for appellants.

BROWN, J.

The judgment below dismissing the appeal on questions of law and fact and retaining it on questions of law cannot be prejudicial since only questions of law arose in the Court of Appeals. We are unable to see any question of fact material at any stage of these proceedings which was disputed in the courts below. Nor was any additional material evidence proffered and excluded in the Court of Appeals.

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