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BROWN v. MARTINELLI

No. 80-715.

66 Ohio St. 2d 45 (1981)

BROWN, ATTY. GEN., APPELLANT, v. MARTINELLI, D.B.A. MAGCO & CO., APPELLEE.

Supreme Court of Ohio.

Decided April 15, 1981.

Attorney(s) appearing for the Case

Mr. William J. Brown, attorney general, Mr. Alex Shumate and Mr. Michael J. Barney, for appellant.

Messrs. Henderson, Covington, Stein, Donchess & Messenger, Mr. James L. Messenger and Mr. Donald J. Barley, for appellee.

STEPHENSON, J.

The pivotal issue presented for review in this appeal is the applicability of the Home Solicitation Sale Act enacted by the General Assembly in 134 Ohio Laws 43, effective January 1, 1973, as amended in 135 Ohio Laws Pt. II 624, effective September 30, 1974, to the sale of consumer goods solely by telephone solicitation of the buyer at his residence, when such solicitation is initiated by the seller.

The Home Solicitation Sale Act appears in...

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