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ONEY v. ALLEN

No. 87-1643.

39 Ohio St. 3d 103 (1988)

ONEY ET AL., APPELLEES, v. ALLEN ET AL.; THE NEWS JOURNAL ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided October 12, 1988.

Attorney(s) appearing for the Case

Sindell, Rubenstein, Einbund, Pavlik, Novak & Celebrezze, William J. Novak and Laurie F. Starr, for appellee.

Wickens, Herzer & Panza, Richard D. Panza, Richard A. Naegele and Thomas A. Downie, for appellants.

H. BROWN, J.

In this case we must decide whether the publication by the News Journal of the indictment of Michael Oney was privileged pursuant to R.C. 2317.05. For the reasons which follow, we find that it was.

There is no evidence indicating that the report of the indictment was published maliciously, and the Oneys do not so contend. It is undisputed that the News Journal published a correction shortly after learning of the misidentification. The only issue...

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