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FAVRET CO. v. WEST

No. 9656.

21 Ohio App. 2d 38 (1970)

FAVRET CO., APPELLEE, v. WEST ET AL., APPELLANTS; WESTBOROUGH VILLAGE, INC., ET AL., APPELLEES.

Court of Appeals of Ohio, Franklin County.

Decided January 6, 1970.

Attorney(s) appearing for the Case

Messrs. Lucas, Prendergast, Albright, Gibson, Brown & Newman, and Mr. Robert E. Albright, for appellee The Favret Company.

Mr. John H. Lewis and Mr. Fred N. Boynton, for appellants.

Messrs. Folkerth, Calhoun, Webster, Maurer & O'Brien, for appellees Jay F. Zook, Inc., and Metropolitan Life Insurance Company.

Mr. C. Howard Johnson, prosecuting attorney, and Mr. William W. Holmes, for appellees Clerk of Courts and Treasurer of Franklin County.

STERN, J.

Plaintiff-appellee moves the court for an order dismissing this appeal on questions of law for the reason that the money judgment and court costs rendered in its favor by the Common Pleas Court of Franklin County have been paid in full and, therefore, the question is moot. Defendants-appellees contend that the payment of the judgment and costs in full was not an involuntary payment and, therefore, the questions...

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