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SPINAK v. UNIV. OF AKRON

No. 81AP-564.

3 Ohio App. 3d 388 (1981)

SPINAK, APPELLEE AND CROSS-APPELLANT, v. UNIVERSITY OF AKRON, APPELLANT AND CROSS-APPELLEE.

Court of Appeals of Ohio, Franklin County.

Decided November 3, 1981.

Attorney(s) appearing for the Case

Messrs. Matz, Petersilge & Weimer, Mr. Paul E. Weimer and Mr. Benjamin F. Suffron, III, for appellee and cross-appellant.

Mr. William J. Brown, attorney general, and Mr. Warren M. Enders, for appellant and cross-appellee.

MCCORMAC, J.

Plaintiff filed a complaint in the Court of Claims against the University of Akron alleging that he was unlawfully terminated by defendant as a tenured Assistant Professor of Music in June 1978, solely due to reaching age sixty-five and for no other reason. Plaintiff sought damages and reinstatement to his position.

The trial court granted summary judgment to plaintiff on the issue of liability...

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