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HOOVER v. SUMLIN

No. 83-895.

12 Ohio St. 3d 1 (1984)

HOOVER ET AL., APPELLANTS, v. SUMLIN; RANDOLPH TOWNSHIP, APPELLEE, ET AL.

Supreme Court of Ohio.

Decided July 3, 1984.

Attorney(s) appearing for the Case

Messrs. Bieser, Greer & Landis, Mr. David C. Greer and Mr. Michael W. Krumholtz, for appellants.

Messrs. Thornburgh, Ferguson, Radabaugh & Weaver, Mr. Douglas K. Ferguson and Ms. Nancy Thornburgh, for appellee.

KOEHLER, J.

The issue in this case is whether the affirmative defense of the statute of limitations may be raised by an amendment to an answer made with leave of court, pursuant to Civ. R. 15(A),1 where the time for an amendment as a matter of course has passed and there is no agreement of the parties permitting the amendment.

I

Appellants initially focus their argument on...

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