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DEPT. OF NATURAL RESOURCES v. O-TRA INDUSTRIES, INC.

No. 83-444.

9 Ohio St. 3d 187 (1984)

DEPARTMENT OF NATURAL RESOURCES, DIVISION OF RECLAMATION, APPELLANT, v. O-TRA INDUSTRIES, INC., APPELLEE.

Supreme Court of Ohio.

Decided February 15, 1984.

Attorney(s) appearing for the Case

Mr. Anthony J. Celebrezze, Jr., attorney general, and Mr. Raymond J. Studer, for appellant.

Messrs. Butler, Cincione, DiCuccio & Dritz and Mr. David B. Barnhart, for appellee.

Per Curiam.

After careful review of the record, we find no evidence O-Tra Industries was, or could have been, discharged in bankruptcy. The purported discharge order, on its face, does not apply to O-Tra Industries as a corporation, nor does any evidence in the record show that O-Tra Industries as a corporation has ever been discharged in bankruptcy. Moreover, under the federal Bankruptcy Code, a corporation cannot be discharged in bankruptcy. 4 Collier...

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