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LITTON ABS v. RED-YELLOW CAB CO.

No. L-77-151.

64 Ohio App. 2d 111 (1978)

LITTON ABS, APPELLEE, v. RED-YELLOW CAB CO., APPELLANT.

Court of Appeals of Ohio, Lucas County.

Decided March 17, 1978.

Attorney(s) appearing for the Case

Mr. Richard S. Baker, for appellee.

Mr. Thomas G. Zraik, for appellant.

POTTER, P. J.

In a prior suit brought by plaintiff's assignee against the present defendant (appellant), no defense was raised. In the present case, the defendant counterclaimed against the plaintiff setting forth facts which would have constituted a defense, if raised, in the prior action between the assignee and the defendant. In the present action, plaintiff successfully interposed the defense of res judicata. We hold that the defense of res judicata...

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