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EMERSON v. SEVILLE ELEVATOR CO.

No. 1526.

38 Ohio App. 3d 55 (1987)

EMERSON ET AL., APPELLANTS, v. SEVILLE ELEVATOR COMPANY ET AL.; OHIO DEPARTMENT OF AGRICULTURE ET AL., APPELLEES.

Court of Appeals of Ohio, Medina County.

Decided April 15, 1987.

Attorney(s) appearing for the Case

Walter C. Grosjean, for appellants.

John T.H. Batchelder, for Seville Elevator Co. et al.

Anthony J. Celebrezze, Jr., attorney general, and Peter D. Patitsas, for appellee Ohio Department of Agriculture et al.

CACIOPPO, J.

Appellants, William Emerson, Edward Kraus and George R. Smith, appeal the order of the trial court denying their eligibility to participate in the Agricultural Commodity Depositors Fund ("fund"). Appellee Ohio Department of Agriculture ("ODA") is responsible for administering the fund.

On May 9, 1985, Old Phoenix Bank filed a complaint for foreclosure against Seville Elevator Company ("Seville"). The trial court determined that Seville was insolvent...

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