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SCOT LAD FOODS, INC. v. SECY. OF STATE

Nos. 80-380 and 80-629.

66 Ohio St. 2d 1 (1981)

SCOT LAD FOODS, INC., ET AL., APPELLEES, v. SECRETARY OF STATE, APPELLANT; BUCKEYE UNION INS. CO., APPELLEE. SCOT LAD FOODS, INC., ET AL., APPELLANTS AND CROSS-APPELLEES, v. SECRETARY OF STATE, APPELLEE; BUCKEYE UNION INS. CO., CROSS-APPELLANT.

Supreme Court of Ohio.

Decided April 8, 1981.

Attorney(s) appearing for the Case

Climaco, Goldberg, Boukalik & Seminatore Co., L.P.A., Mr. John R. Climaco, Mr. Kenneth F. Seminatore and Mr. Thomas L. Colaluca, for Scot Lad Foods, Inc., et al.

Mr. William J. Brown, attorney general, Mr. James R. Rishel, Mr. Steven L. Gardner and Mr. Thomas F. Staub, for Secretary of State and Buckeye Union Ins. Co.

HOLMES, J.

First, we will address the issue of whether the Court of Common Pleas had jurisdiction over the Secretary of State and the insurance company which wrote his surety bond.

The plaintiff's complaint relative to the jurisdiction of the Court of Common Pleas over the civil action filed against the Secretary of State was based upon the alleged negligent performance by the Secretary of State in his official capacity of the statutory duty imposed upon him...

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