BUCK v. OHIO COURT OF APPEALS, NINTH JUDICIAL DIST.

No. 76-1257.

554 F.2d 766 (1977)

Roger J. BUCK et al., Plaintiffs-Appellants, v. OHIO COURT OF APPEALS, NINTH JUDICIAL DISTRICT, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed April 29, 1977.


Attorney(s) appearing for the Case

Ovid C. Lewis, University Heights, Ohio, Walter J. Vogel, Akron, Ohio, for plaintiffs-appellants.

William E. Schultz, Akron, Ohio, for defendants-appellees.

Before PHILLIPS, Chief Judge, EDWARDS, Circuit Judge, and SILER, District Judge.


PER CURIAM.

Plaintiffs Roger and Dorothy Buck had prevailed in a jury trial in a negligence action arising out of a swimming accident at a beach owned by Cottage Grove Community Beach Association, Inc. The jury verdict for injuries which rendered Roger a paraplegic was $331,000.

On appeal to the Court of Appeals of Ohio, the defendant in this appeal, at oral argument a member of the Ohio appellate court raised the question as to whether one of Ohio's guest...

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