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WAPPELHORST v. KIMMETT

No. 1455.

30 Ohio App. 2d 29 (1972)

WAPPELHORST, APPELLEE, v. KIMMETT ET AL., APPELLANTS, ET AL.

Court of Appeals of Ohio, Allen County.

Decided April 19, 1972.

Attorney(s) appearing for the Case

Messrs. Meredith, Meredith, Tait & Basinger, and Mr. David R. Kinworthy, for defendants-appellants, Alt and Kimmett.

Messrs. Dunbar, Kienzle & Murphy, Mr. David J. Young, for plaintiff-appellee, Wappelhorst.

Messrs. Cory, Boesel, Leonard & Cory, and Mr. William C. Leonard, for defendant-appellee, Nevergall.

YOUNGER, P. J.

This appeal arises from a judgment for $35,000 given to the plaintiff against the defendants Daniel E. Kimmett and Cynthia Alt as a result of a jury verdict. The common pleas court refused to direct a verdict for Kimmett and Alt at the close of all the testimony and also refused to render a verdict non obstante veredicto for such defendants. On the evening of August 31, 1966, the defendants, Daniel E. Kimmett and Cynthia Alt, were

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