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FETERLE v. HUETTNER

No. 70-664.

28 Ohio St. 2d 54 (1971)

FETERLE, APPELLEE, v. HUETTNER, APPELLANT.

Supreme Court of Ohio.

Decided November 17, 1971.

Attorney(s) appearing for the Case

Mr. A. Albert Perelman, for appellee.

Messrs. Hauxhurst, Sharp, Mollison & Gallagher and Mr. Forrest A. Norman, for appellant.

HERBERT, J.

As the basis for its reversal, the Court of Appeals stated:

"Upon consideration of all assignments of error briefed and argued this court finds that assignment of error number 7 is meritorious in that special request to charge before argument number 6 given by the trial court was erroneous. Said charge was not grounded on facts in the evidence and was substantially prejudicial to appellant."

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