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KERMETZ v. COOK-JOHNSON REALTY CORP.

No. 77AP-59.

54 Ohio App. 2d 220 (1977)

KERMETZ ET AL., APPELLEES, v. COOK-JOHNSON REALTY CORP., APPELLANT; CITY OF YOUNGSTOWN ET AL., APPELLEE.

Court of Appeals of Ohio, Franklin County.

Decided December 29, 1977.

Attorney(s) appearing for the Case

Messrs. Harrington, Huxley & Smith and Mr. Frederick S. Coombs, III, for appellees Lewis R. Kermetz et al.

Mr. Nils P. Johnson, for appellant.

Mr. James E. Roberts, for appellee city of Youngstown.

Mr. Joseph Schiavoni, for appellee Frank Pondillo et al.

Mr. William J. Brown, attorney general, and Mr. Gene W. Holliker, for appellee Ohio Department of Transportation.

HOLMES, J.

This matter involves an appeal from the Court of Claims, which court had dismissed the third-party complaint brought by the Cook-Johnson Realty Corp. against the Ohio Department of Transportation, such dismissal being upon the basis that the complaint was one sounding in appropriation; and in that the Court of Claims had no jurisdiction in appropriation, the complaint did not state a cause for which that...

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