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BATTISTA v. LEBANON TROTTING ASS'N

Nos. 75-2129, 75-2130.

538 F.2d 111 (1976)

Peter L. BATTISTA, Jr., Plaintiff-Appellee, v. LEBANON TROTTING ASSOCIATION, Defendant, and John J. Carlo, Defendant-Appellant. Peter L. BATTISTA, Jr., Plaintiff-Appellant, v. LEBANON TROTTING ASSOCIATION, Defendant-Appellee, and John J. Carlo, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided June 29, 1976.

Attorney(s) appearing for the Case

Arnold Morelli, Bauer, Morelli & Heyd, Cincinnati, Ohio, for appellant in No. 75-2129.

Harry M. Hoffheimer, Wood, Lamping, Slutz & Reckman, Cincinnati, Ohio, for Peter L. Battista, Jr.

Louis F. Gilligan, Keating, Muething & Klekamp, Richard L. Creighton, Jr., Cincinnati, Ohio, for appellee in No. 75-2130.

Before WEICK, LIVELY and ENGEL, Circuit Judges.

WEICK, Circuit Judge.

In this diversity case, governed by Ohio law, the principal question of law for us to decide is whether a partner can be held individually liable for the alleged tortious breach of a partnership contract when the partnership itself was held not liable for the breach of such contract.

The partnership, Lebanon Trotting Association (Lebanon), had entered into a written contract with Peter L. Battista...

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