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CITY OF COLUMBUS v. BERKHOUSE

No. 88-1082.

39 Ohio St. 3d 306 (1988)

CITY OF COLUMBUS, APPELLANT, v. BERKHOUSE, APPELLEE.

Supreme Court of Ohio.

Decided November 16, 1988.

Attorney(s) appearing for the Case

Ronald J. O'Brien, city attorney, James J. Fais, city prosecutor, and Thomas K. Lindsey, for appellant.

James Kura, county public defender, and Allen V. Adair, for appellee.

The judgment of the court of appeals is affirmed on authority of Tallmadge v. DeGraft-Biney (1988), 39 Ohio St.3d 300, 530 N.E.2d 1310.

SWEENEY, LOCHER, DOUGLAS, WRIGHT and H. BROWN, JJ., concur.

MOYER, C.J., and HOLMES, J., dissent.

HOLMES, J., dissenting. I dissent for the reasons stated in my dissenting opinion in Tallmadge v. DeGraft-Biney, supra.

MOYER, C.J., concurs...

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