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MOSS v. DEPT. OF NATURAL RESOURCES

No. 79-433.

62 Ohio St. 2d 138 (1980)

MOSS ET AL., APPELLANTS, v. DEPT. OF NATURAL RESOURCES ET AL., APPELLEES. O'NEAL, ADMX., APPELLANT, v. DEPT. OF NATURAL RESOURCES ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 7, 1980.

Attorney(s) appearing for the Case

Komito, Nurenberg, Plevin, Jacobson, Heller & McCarthy Co., L.P.A., Mr. Leon M. Plevin, Mr. Thomas Mester and Mr. Harlan M. Gordon, for appellants.

Mr. William J. Brown, attorney general, Mr. Steven L. Gardner and Mr. Thomas E. Turk, for appellee Department of Natural Resources.

Messrs. Lane, Alton & Horst, Mr. William L. Millard and Mr. David Wm. T. Carroll, for appellee Dodson-Lindblom Associates.

PAUL W. BROWN, J.

The central issue in this appeal concerns the applicability of R. C. 1533.181 to the facts of this cause. R. C. 1533.181 provides:

"(A) No owner, lessee, or occupant of premises:

"(1) Owes any duty to a recreational user to keep the premises safe for entry or use;

"(2) Extends any assurance to a recreational user, through the act of giving permission, that the premises are safe for entry or use;

"(3) Assumes responsibility...

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