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CINCINNATI INS. CO. v. DIEBOLD, INC.

No. 11482.

64 Ohio App.3d 273 (1989)

CINCINNATI INSURANCE COMPANY, Appellee, v. DIEBOLD, INC., Appellant.

Court of Appeals of Ohio, Montgomery County.

Decided September 13, 1989.

Attorney(s) appearing for the Case

Mark J. Huller, for appellee.

Stephen C. Lane and Stephen J. Brewer, for appellant.

FAIN, Judge.

This is an appeal from a judgment in the amount of $18,800 recovered by plaintiff-appellee Cincinnati Insurance Company ("CIC") against defendant-appellant Diebold, Inc., together with an award of attorney fees in the amount of $5,005. Diebold contends that its employee, Kelly Moore, was not acting within the course and scope of his employment when he stole $18,800 in money contained in one safe-deposit box while "drilling" (changing the locks on) nine...

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