APPLEGATE v. OHIO DEPT. OF AGRICULTURE

Nos. 83AP-1208 and -1209.

19 Ohio App. 3d 221 (1984)

APPLEGATE ET AL., APPELLANTS, v. OHIO DEPARTMENT OF AGRICULTURE, APPELLEE. EDER, TRUSTEE IN BANKRUPTCY, APPELLANT, v. OHIO DEPARTMENT OF AGRICULTURE, APPELLEE.

Court of Appeals of Ohio, Franklin County.

Decided December 31, 1984.


Attorney(s) appearing for the Case

Wood, Lamping, Slutz & Reckman and David A. Caldwell, for appellants.

Anthony J. Celebrezze, Jr., attorney general, Karl W. Schedler and James E. Davidson, for appellee.


REILLY, J.

These cases involve the appeals of twenty-six farmers who had deposited grain with Queen City Grain, Inc. and the trustee in bankruptcy for Queen City, representing the bankrupt's trade creditors. They appeal the decision of the Court of Claims which dismissed their actions against the Ohio Department of Agriculture, for failure to state a claim upon which relief could be granted. The appeals advance the identical assignment of error, as follows:

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