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SMITH v. WAIT

Nos. 75AP-340 and 75AP-344.

46 Ohio App. 2d 281 (1975)

SMITH ET AL., APPELLEES, v. WAIT ET AL., APPELLEES; GUSHMAN, APPELLANT v. STATE OF OHIO, APPELLEE.

Court of Appeals of Ohio, Franklin County.

Decided December 29, 1975.

Attorney(s) appearing for the Case

Messrs. Carlile, Patchen, Murphy & Allison and Mr. Robert C. Perrin, for Dorothy C. Smith et al.

Messrs. Knepper, White, Richards & Miller and Mr. Richard A. Frye, for Hugh Wait et al.

Messrs. Kyte, Conlan, Wulsin & Vogeler and Mr. Frederick J. McGravran, for Richard W. Gushman.

Mr. William J. Brown, attorney general, Mr. John R. Gall, Mr. William G. Compton, Mr. David J. Sherriff, Mr. Richard C. Braham, and Mr. Nelson E. Genshaft, for the state of Ohio.

WHITESIDE, J.

The third-party plaintiff, Richard W. Gushman, appeals from a judgment of the Court of Claims dismissing his third-party complaint against the state of Ohio, and raises a single assignment of error, as follows:

"The Court of Claims erred in dismissing Mr. Gushman's third party complaint against the state of Ohio because the third party complaint states claims against the state in accordance with the same rules of law applicable to suits between...

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