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WILLIAMS v. SAFECO INS. CO. OF AMERICA

No. 72-717.

34 Ohio St. 2d 237 (1973)

WILLIAMS ET AL., APPELLEES, v. SAFECO INS. CO. OF AMERICA, APPELLANT.

Supreme Court of Ohio.

Decided June 20, 1973.

Attorney(s) appearing for the Case

Mr. Richard C. Curry, Mr. Louis A. Ginocchio and Mr. William L. Leonard, for appellees.

Messrs. McIntosh, McIntosh & Knabe and Mr. Robert G. McIntosh, for appellant.

CELEBREZZE, J.

The Court of Appeals based its judgment solely upon what it determined to be violations of R. C. 2317.03. The pertinent parts of that statute follow:

"A party shall not testify when the adverse party is * * * an executor or administrator, or claims or defends as heir, grantee, assignee, devisee, or legatee of a deceased person * * *.

"* * *

"* * * When a case is plainly within the reason and spirit of this section * *...

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