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TUCKER v. WEBB CORP.

No. 82-547.

4 Ohio St. 3d 121 (1983)

TUCKER, APPELLANT, v. WEBB CORPORATION, APPELLEE.

Supreme Court of Ohio.

Decided April 13, 1983.

Attorney(s) appearing for the Case

Messrs. Keating, Muething & Klekamp and Mr. William A. Posey, for appellant.

Clark & Eyrich Co., L.P.A., Mr. Steven T. MacConnell and Mr. David S. Levine, for appellee.

Per Curiam.

In determining the appropriateness of granting a motion for summary judgment pursuant to Civ. R. 56, we noted in Harless v. Willis Day Warehousing Co. (1978), 54 Ohio St.2d 64, at page 66 [8 O.O.3d 73]:

"The appositeness of rendering a summary judgment hinges upon the tripartite demonstration: (1) that there is no genuine issue as to any material fact; (2) that the moving party is...

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