PLASTIC SURGERY ASSOCIATES v. RATCHFORD

No. 82AP-132.

7 Ohio App. 3d 118 (1982)

PLASTIC SURGERY ASSOCIATES, INC., APPELLANT, v. RATCHFORD ET AL., APPELLEES.

Court of Appeals of Ohio, Franklin County.

Decided September 2, 1982.


Attorney(s) appearing for the Case

Messrs. Horn & Horn and Mr. Roy H. Horn, for appellant Plastic Surgery Associates, Inc.

Mr. William J. Brown, attorney general, Mr. Tom Hess, Mr. Michael H. Igoe, Mr. Steven L. Petty, Messrs. Crabbe, Brown, Jones, Potts & Schmidt, Mr. J. Roth Crabbe, Mr. William T. McCracken,

Messrs. Baker & Hostetler, Mr. David Johnston and Mr. Kevin Shoemaker, for defendants-appellees Robert L. Ratchford, Jr., et al.,

Messrs. Smith & Schnacke, Mr. James J. Gilvary, Jablinski, Folino & Roberts Co., L.P.A., Mr. Robert E. Schultz, Messrs. Cole, Acton, Harmon & Dunn and Mr. Samuel J. Petroff for third-party defendants-appellees Michael H. Burtan et al.


WHITESIDE, P.J.

Plaintiff appeals from a judgment of the Court of Claims and raises seven assignments of error, as follows:

"1. The Court of Claims erred, to appellant's prejudice, in ruling that this is `solely' an action for declaratory judgment and in dismissing the Complaint, where the facts pleaded show a primary claim for monetary relief directly against the State of Ohio, arising out of a breach of and failure to comply with a statutory obligation,...

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