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SMITH v. BRUSH-MOORE NEWSPAPERS, INC.

No. 70-295.

27 Ohio St. 2d 111 (1971)

SMITH, APPELLEE, v. BRUSH-MOORE NEWSPAPERS, INC., APPELLANT.

Supreme Court of Ohio.

Decided July 7, 1971.

Attorney(s) appearing for the Case

Messrs. Baggott, Logan & Gianuglou and Mr. Horace W. Baggott, Jr., for appellee.

Messrs. Estabrook, Finn & McKee, Mr. Robert P Bartlett and Mr. Francis X. Lee, for appellant.

O'NEILL, C. J.

The issue presented in this cause is whether plaintiff is entitled to amend his petition by substituting WONE, Inc., as party defendant in place of Brush-Moore Newspapers, Inc., d. b. a. WONE Radio Station.

We note at the outset that plaintiff in fact instituted his action against the wrong corporate party, as Brush-Moore neither owned nor operated the radio station. In addition, we note that...

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