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OHIO BELL TELEPHONE CO. v. BANCOHIO NATIONAL BANK

No. 81CV-07-3868.

1 Ohio Misc. 2d 11 (1982)

OHIO BELL TELEPHONE CO. v. BancOHIO NATIONAL BANK ET AL.

Court of Common Pleas of Franklin County.

Decided April 1, 1982.

Attorney(s) appearing for the Case

Mr. Thomas A. Linton, for plaintiff.

Mr. James R. Moats, for defendant and third-party plaintiff.

Mr. Truman A. Greenwood, for third-party defendant.

WRIGHT, J.

Pursuant to Civ. R. 12(B)(3) and 12(B)(6), third-party defendant First National Bank of Toledo (hereinafter Toledo) moves the court to sustain its Motion to Dismiss the complaint of third-party plaintiff BancOhio National Bank (hereinafter BancOhio) on two grounds, to wit: Improper venue and the statute of limitations.

Toledo, a national banking association, contends that Section 94, Title 12, U.S. Code, precludes it from being sued in Franklin...

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