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MASON v. ROBERTS

No. 564.

35 Ohio App. 2d 29 (1971)

MASON, ADMR., APPELLANT, v. ROBERTS; TESTER, APPELLEE.

Court of Appeals of Ohio, Ashland County.

Decided December 8, 1971.

Attorney(s) appearing for the Case

Messrs. Mason, Mason & Fridline, for appellant.

Mr. G. P. Gongwer and Mr. Phillip H. Shafer, for appellee.

PUTMAN, J.

This appeal poses two central questions:

1. Is a motion for a summary judgment filed by a defendant "supported," as provided for in Civil Rule 56(E), by affidavits which, if true, neither negate any essential element of plaintiff's case, nor constitute a legally sufficient affirmative defense to or immunity from the claim of the petition.

2. Has the enactment of R. C. 4399.01 created an immunity from civil liability in all cases not covered...

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