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STATE v. CINEMA X BOOKSTORE

Nos. 5107, 5108, 5109 and 5110.

49 Ohio App. 2d 164 (1976)

THE STATE OF OHIO, APPELLEE, v. CINEMA X BOOKSTORE ET AL., APPELLANTS.

Court of Appeals of Ohio, Montgomery County.

Decided May 21, 1976.

Attorney(s) appearing for the Case

Mr. William F. Hemmert, prosecuting attorney, for appellee.

Messrs. Karas & Nagle and Mr. R. Paul Perkins, Jr., for appellants.

McBRIDE, J.

The instant question arises upon motions to dismiss for the lack of a final order. Appellant has filed briefs on the merits asserting one assignment of error: the denial by the trial court of a motion to dismiss pursuant to R. C. 2945.73. The instant motions to dismiss raise the question whether such a refusal to dismiss by the trial court is a final, appealable order.

The facts as stated in appellant...

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