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ROEMISCH v. MUTUAL OF OMAHA INS. CO.

No. 73-953.

39 Ohio St. 2d 119 (1974)

ROEMISCH, APPELLANT, v. MUTUAL OF OMAHA INSURANCE CO., APPELLEE.

Supreme Court of Ohio.

Decided July 17, 1974.

Attorney(s) appearing for the Case

Messrs. Roemisch & Wright, Mr. M. Alfred Roemisch and Mr. Donald N. Jaffe, for appellant.

Messrs. Altick, McDaniel & Radabaugh and Mr. Francis S. McDaniel, for appellee.

WILLIAM B. BROWN, J.

The certified question presented in this case is whether an order of a trial court, pursuant to Civ. R. 23 (C) (1), determining that an action may not be maintained as a class action is a final, appealable order. In holding the order of dismissal is not appealable, the Court of Appeals concluded that it did not affect the rights of plaintiff "or any other known complaining party" or prevent a judgment...

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