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SMITH v. PENN CENTRAL CORP.

No. 9294.

27 Ohio App. 3d 56 (1985)

SMITH, DIRECTOR, APPELLEE, v. PENN CENTRAL CORPORATION, APPELLANT, ET AL.

Court of Appeals of Ohio, Montgomery County.

Decided July 30, 1985.

Attorney(s) appearing for the Case

Anthony J. Celebrezze, Jr., attorney general, Michael Igoe and Rupert E. Ruppert, for appellee.

Altick & Corwin and Hugh H. Altick, for appellant.

WOLFF, J.

The Penn Central Corporation ("Penn Central") appeals from the judgment of the common pleas court awarding it compensation for land appropriated for Interstate 675 by the Director of Transportation of the state of Ohio.

Penn Central advances three assignments of error.

Assignment of Error No. 1

"The trial court lacks jurisdiction and erred in proceedings to try on the merits the issues of plaintiff's Petition for Appropriation when...

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