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STATE EX REL. HOLMAN v. DAYTON PRESS, INC.

No. 83-557.

11 Ohio St. 3d 66 (1984)

THE STATE, EX REL. HOLMAN, APPELLEE, v. DAYTON PRESS, INC. ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided May 29, 1984.

Attorney(s) appearing for the Case

Mr. Michael J. Muldoon, for appellee.

Smith & Schnacke Co., L.P.A., Ms. Edna Scheuer and Mr. Thomas A. Jackson, for appellant Dayton Press, Inc.

Mr. Anthony J. Celebrezze, Jr., attorney general, and Mr. Robert J. Kent, for appellant Industrial Commission.

Per Curiam.

R.C. 2317.02 states:

"The following persons shall not testify in certain respects:

"* * *

"(B) A physician concerning a communication made to him by his patient in that relation or his advice to his patient but the physician may testify by express consent of the patient * * * or if the patient voluntarily testifies the physician may be compelled to testify on the same subject * * *."

Appellants concede that appellee...

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