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ROTHACKER v. CITY OF LAKEWOOD

No. 50598.

30 Ohio App. 3d 33 (1986)

ROTHACKER, APPELLANT, v. CITY OF LAKEWOOD, APPELLEE.

Court of Appeals of Ohio, Cuyahoga County.

Decided May 27, 1986.

Attorney(s) appearing for the Case

John F. Sands, for appellant.

Roger Tibbitts, assistant law director, for appellee.

PARRINO, C.J.

On February 13, 1984, Paul A. Rothacker filed a complaint in replevin against the city of Lakewood seeking to recover various guns seized by the police in 1981. The city of Lakewood responded on March 2, 1984, maintaining, inter alia, that Rothacker could not lawfully possess the guns because he was a chronic alcoholic and thus under a disability pursuant to R.C. 2923.13(A)(4).

An evidentiary hearing took place on June 18, 1985. In a judgment...

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