SOUTHGATE DEVELOPMENT CORP. v. COLUMBIA GAS TRANSMISSION CORP.

No. 76-299.

48 Ohio St. 2d 211 (1976)

SOUTHGATE DEVELOPMENT CORP., APPELLEE, v. COLUMBIA GAS TRANSMISSION CORP., APPELLANT.

Supreme Court of Ohio.

Decided December 15, 1976.


Attorney(s) appearing for the Case

Messrs. Vorys, Sater, Seymour & Pease, Mr. Robert E. Leach, Mr. Michael J. Canter, Messrs. Horan, Ashenbach, Tattersall & Gallagher and Mr. J. C. William Tattersall, for appellee.

Miraldi & Barrett Co., L. P. A., Mr. Ray L. Miraldi, Mr. Thomas E. Morgan, Mr. H. L. Snyder and Mr. Larry L. Roller, for appellant.


PAUL W. BROWN, J.

On its face, Civ. R. 12(B)(1) would appear to require that a motion to dismiss a complaint for reason of lack of jurisdiction of the court over the subject matter should be determined from the face of the complaint. Such a conclusion would be buttressed by observing that when a motion to dismiss for failure to state a claim upon which relief can be granted presents matters outside the pleadings, Civ. R. 12(B)(6) specifically authorizes that the motion...

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