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CLEVELAND HOUSING AUTH v. LINCOLN PROPERTY

No. 29619.

22 Ohio App. 2d 157 (1970)

CLEVELAND METROPOLITAN HOUSING AUTH., APPELLEE, v. LINCOLN PROPERTY MANAGEMENT Co., INC., ET AL., APPELLEES; ET AL., APPELLANT.

Court of Appeals of Ohio, Cuyahoga County.

Decided June 4, 1970.

Attorney(s) appearing for the Case

Mr. Walter C. Kelly, Jr., and Mr. C. Daniel Murray, for plaintiff-appellee.

Mr. Joseph Feniger, for defendant-appellee Harry Rosansky.

Mr. Clarence L. James, Jr., director of law, Mr. John H. Kless, Mr. Lloyd B. Silverman and Mr. James P. Mancino, for appellant.

DAY, J.

The Cleveland Metropolitan Housing Authority filed a petition on January 20, 1967, for the appropriation of certain real property located at 2548 East 61st Street, Cleveland, Ohio. Among the parties defendant was Harry Rosansky who held a first mortgage on the property dating from October 4, 1955. Also a party defendant was the city of Cleveland which claimed a lien for the cost of demolishing a building on the premises—this under favor

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