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NATIONA MUTUAL INS. CO. v. WHITMER

No. 81-1604.

70 Ohio St. 2d 149 (1982)

NATIONAL MUTUAL INSURANCE COMPANY, APPELLEE, v. WHITMER ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided June 9, 1982.

Attorney(s) appearing for the Case

Jenks & Myers Co., L.P.A., and Mr. Robert J. Surdyk, for appellee.

Messrs. Pickrel, Schaeffer & Ebeling, Mr. William L. Havemann and Mr. Gregory F. Singer, for appellants.

SHANNON, J.

The singular question presented by this case is whether a joint tortfeasor, who pays more than his proportionate share of common liability after the effective date of the Ohio Contribution Among Joint Tortfeasors Act as a result of an injury which was suffered prior to the effective date of the Act, may assert a claim to recover the amount which he paid in excess of his proportionate share of common liability.

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