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COUNCIL OF THE CITY OF WHITEHALL v. ROGERS

No. 80AP-102.

69 Ohio App. 2d 124 (1980)

COUNCIL OF THE CITY OF WHITEHALL, APPELLANT AND CROSS-APPELLEE, v. ROGERS ET AL., APPELLEES AND CROSS-APPELLANTS.

Court of Appeals of Ohio, Franklin County.

Decided August 7, 1980.

Attorney(s) appearing for the Case

Messrs. Haytcher & Denardo and Mr. Paul J. Haytcher, for Whitehall City Council.

Mr. George C. Rogers and Mr. James D. Godbey, for George C. Rogers et al.

WHITESIDE, J.

Plaintiff (Whitehall City Council) has appealed from a judgment of the Court of Common Pleas of Franklin County and raises four assignments of error, as follows:

"1. The Court erred in failing to properly decide the issue under a Declaratory Judgment action.

"2. The Court erred in granting Summary Judgment since there was a genuine controversy of material facts.

"3. The judgment is not sustained by the evidence and the Defendant...

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