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BARRETT v. SINGER CO.

No. 78-1544.

60 Ohio St. 2d 7 (1979)

BARRETT ET AL., APPELLANTS, v. THE SINGER COMPANY, APPELLEE.

Supreme Court of Ohio.

Decided October 31, 1979.

Attorney(s) appearing for the Case

Messrs. Beall, Hermanies & Bortz, Mr. Walter Bortz, Mr. Walter Beall, Mr. Ronald D. Major and Mr. Peter J. Randolph, for appellants.

Messrs. Rendigs, Fry, Kiely & Dennis and Mr. J. Kenneth Meagher, for appellee.

LOCHER, J.

The sole issue to be resolved in this cause is whether the expense of videotape depositions which are not used as evidence at trial shall be taxed as costs in the action or must be borne by the party taking such depositions.

Ohio case law has formulated the policy that depositions taken de bene esse, but not actually used at trial, shall not be taxed as a cost of the action.

In Fairchild v. Lake Shore Elec. Ry. Co...

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