GEORGE, J.
Pretrial was had on December 3, 1976, and the court has before it for consideration:
(1) A motion to dismiss, filed with the answer of the defendant, Jeannie Malone, under its second defense, for a failure to state a cause of action against Jeannie Malone, under R. C. 3109.09.
(2) A motion for summary judgment filed by the defendant, Jeannie Malone, based upon the reason that there is no genuine issue as to any material fact and that the...
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