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WATERVILLE v. SPENCER TWP.

Nos. 73-693 and 73-697.

37 Ohio St. 2d 79 (1974)

VILLAGE OF WATERVILLE, APPELLANT, v. SPENCER TOWNSHIP ET AL., APPELLEES. CITY OF SYLVANIA, APPELLANT, v. LUCAS COUNTY BUDGET COMMISSION ET AL., APPELLEES.

Supreme Court of Ohio.

Decided February 20, 1974.

Attorney(s) appearing for the Case

Mr. William H. Heywood, III, for appellant village of Waterville; Mr. Carl F. Dorcas, director of law, and Messrs. Miller, Downing & Dorcas, for appellant city of Sylvania.

Messrs. Cruey, Kelb, Hewes & Chase and Mr. George R. Hewes, for appellee Lucas County; Mr. Frank T. Pizza, director of law, and Mr. John O. Celusta, for appellee city of Toledo; Messrs. Boxell, Bebout, Torbet & Baker, Mr. James v. Shindler, Jr., and Mr. William R. Ahern, for appellee Sylvania Township.

Per Curiam.

Prior to determining the substantive issues presented by each appellant, two motions to dismiss the appeals must be considered. The first, in case No. 73-693, was filed by Sylvania Township, one of 11 appellees listed in the caption of the notice of appeal filed by the village of Waterville in case No. 73-693. The basis of this motion is an allegation, supported by two affidavits, that appellant, village of Waterville, failed to serve the township...

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