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McKINNEY v. HARTZ & RESTLE REALTORS, INC.

No. 86-1213.

31 Ohio St. 3d 244 (1987)

MCKINNEY, A MINOR, ET AL., APPELLANTS, v. HARTZ & RESTLE REALTORS, INC. ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 15, 1987.

Attorney(s) appearing for the Case

Gustin & Lawrence Co., L.P.A., and R. Lanahan Goodman, for appellants.

Lindhorst & Dreidame Co., L.P.A., Thomas M. Tepe and Mark A. Mac-Donald, for appellee Hartz & Restle Realtors, Inc.

Dinsmore & Shohl, Gary D. Bullock and Julie Furber Bissinger, for appellee Consolidated Rail Corporation.

WRIGHT, J.

In considering the propriety of the trial court's grant of summary judgment to H&R and Conrail, we are mindful that Civ. R. 56(C) requires that "summary judgment shall not be rendered unless it appears from such evidence or stipulation and only therefrom, that reasonable minds can come to but one conclusion and that conclusion is adverse to the party against whom the motion for summary judgment is made...

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