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SIKORA v. OHIO DEPT. OF MENTAL HEALTH

No. 87-985.

35 Ohio St. 3d 266 (1988)

SIKORA ET AL., APPELLEES, v. THE STATE OF OHIO, DEPARTMENT OF MENTAL HEALTH, APPELLANT.

Supreme Court of Ohio.

Decided March 16, 1988.

Attorney(s) appearing for the Case

Lou A. D'Apolito and Mary Ann Fabrizi, for appellees Virginia and Raymond Sikora.

Anthony J. Celebrezze, Jr., attorney general, and Susan M. Sullivan, for appellant.

The judgment of the Court of Appeals for Franklin County (case No. 86AP-852), holding that it was improper to dismiss the within cause pursuant to Civ. R. 12(B)(6), is affirmed for the reasons stated by the court of appeals not inconsistent with those given in our opinion in Hershberger v. Akron City Hosp. (1987), 34 Ohio St.3d 1, 516 N.E.2d 204. We remand this cause to the trial court for further consideration of...

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