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WESTERN INS. CO. v. LUMBERMANS MUT. INS. CO.

No. 11937.

26 Ohio App. 3d 137 (1985)

WESTERN INSURANCE COMPANY, APPELLANT, v. LUMBERMANS MUTUAL INSURANCE COMPANY ET AL., APPELLEES.

Court of Appeals of Ohio, Summit County.

Decided June 12, 1985.

Attorney(s) appearing for the Case

Timothy J. Ochsenhirt and James M. Lyons, Jr., for appellant.

Robert Drexler, for appellee Lumbermans Mutual Insurance Co.

Edward Maker, for appellee Darryl Fox.

David R. Wilson, for appellee Samuel Laurenti.

GEORGE, P.J.

The plaintiffappellant, Western Insurance Company ("Western"), appeals from the judgment of the trial court denying its motion for relief from judgment, pursuant to Civ. R. 60(B)(5). This court reverses that judgment.

On July 15, 1983, Western filed a declaratory judgment action against Lumbermans Mutual Insurance Company, among others. The defendants filed motions to dismiss pursuant to Civ. R. 12(B)(6) and 19. On April 4, 1984, the trial court...

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