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PENCHEFF v. ADAMS

No. 82-586.

5 Ohio St. 3d 153 (1983)

PENCHEFF, APPELLANT, v. ADAMS ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 15, 1983.

Attorney(s) appearing for the Case

Fry & Waller Co., L.P.A., Mr. Carl B. Fry, Mr. Barry A. Waller and Mr. Rick L. Brunner, for appellant.

Messrs. Scott, Walker & Kuehnle and Mr. George Nickerson, for appellees.

Mr. Anthony J. Celebrezze, Jr., attorney general, and Mr. Barry W. Moses, urging reversal for amicus curiae, Dept. of Commerce, Division of Securities.

J. P. CELEBREZZE, J.

The record clearly shows that appellees violated the provisions of R.C. 1707.44(C)(1)2 in the sale of unregistered securities to appellant. Consequently, the sole issue before this court is whether the violation materially affected the protection contemplated by the violated provision.3

This very issue (sale of unregistered securities) was addressed and resolved by this court in...

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