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HENSLEY v. HENRY

No. 79-455.

61 Ohio St. 2d 277 (1980)

HENSLEY, ADMR., APPELLEE, v. HENRY, APPELLANT.

Supreme Court of Ohio.

Decided February 27, 1980.

Attorney(s) appearing for the Case

Messrs. Wolske & Blue, Mr. Walter J. Wolske, Jr., and Mr. Dennis M. McCarthy, for appellee.

Messrs. Porter, Wright, Morris & Arthur, Mr. James E. Pohlman and Ms. Roberta Y. Bavry, for appellant.

WILLIAM B. BROWN, J.

In this cause, we need only determine whether, under Civ. R. 60(B),1 the trial court could set aside plaintiff's Civ. R. 41(A)(1)(a)2 voluntary dismissal and then dismiss the action without prejudice under Civ. R. 41(B)(1)3 for failure to prosecute with due diligence.4 Defendant argues...

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