TOLEDO'S GREAT EASTERN SHOPPERS CITY, INC. v. ABDE'S BLACK ANGUS STEAK HOUSE NO. III, INC.

No. 85-1479.

24 Ohio St. 3d 198 (1986)

TOLEDO'S GREAT EASTERN SHOPPERS CITY, INC., APPELLANT, v. ABDE'S BLACK ANGUS STEAK HOUSE NO. III, INC., APPELLEE.

Supreme Court of Ohio.

Decided July 2, 1986.


Attorney(s) appearing for the Case

Fuller & Henry and Martin J. Witherell, for appellant.

Jacobs & Curtis and Wilbur C. Jacobs, for appellee.


Per Curiam.

Toledo first argues that the court of appeals erred in reversing the trial court's entry of summary judgment in plaintiff's favor for the reason that defendant failed to oppose plaintiff's motion with evidentiary materials sufficient to satisfy Civ. R. 56(E). That rule provides in pertinent part:

"* * * When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations...

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