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STEWART v. BEN FRANKLIN CLINIC

No. 77AP-499.

54 Ohio App. 2d 210 (1977)

STEWART ET AL., APPELLANTS, v. BEN FRANKLIN CLINIC, APPELLEE.

Court of Appeals of Ohio, Franklin County.

Decided December 13, 1977.

Attorney(s) appearing for the Case

Messrs. Wolske & Blue, for appellants.

Mr. George C. Smith, prosecuting attorney, Mr. William, G. Huggins and Mr. Frank A. Ray, for appellee.

HOLMES, J.

This matter involves the appeal of a judgment of the Common Pleas Court of Franklin County, which court sustained the defendant's motion to dismiss made pursuant to Civ. R. 12(B) (6) in an action by the plaintiffs seeking damages against the defendant Ben Franklin Clinic for physical injuries arising from alleged improper medical care by the clinic.

On January 19, 1977, the defendant filed the motion to dismiss stating that such was being filed...

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