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STATE v. SHEPHERD

No. 79-217.

61 Ohio St. 2d 328 (1980)

THE STATE OF OHIO, APPELLANT, v. SHEPHERD ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 19, 1980.

Attorney(s) appearing for the Case

Mr. Warren J. Lotz, prosecuting attorney, for appellant.

Messrs. Maurer & Kuns and Mr. Robert W. Maurer, for appellees.

CELEBREZZE, C. J.

Before deciding on the merits, we first must rule on a motion to dismiss this appeal filed by appellee. Appellee claims that because there is material contained in appellant's Appendix to its brief which is not among that enumerated in Section 1(E) of Rule V of the Rules of Practice of the Supreme Court of Ohio, the appeal must be dismissed. Although we have stated in Drake v. Bucher (1966), 5 Ohio St.2d 37

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