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FABE v. COLUMBUS INS. CO.

No. 89AP-869.

68 Ohio App.3d 226 (1990)

FABE, Supt., Appellant, v. COLUMBUS INSURANCE COMPANY; First General Insurance Company et al., Appellees.

Court of Appeals of Ohio, Franklin County.

Decided June 26, 1990.

Attorney(s) appearing for the Case

Anthony J. Celebrezze, Jr., Attorney General, Gurley, Rishel, Myers & Kopech, David E. Northrop and Lynda G. Loomis, Special Counsel, for plaintiff-appellant.

Squire, Sanders & Dempsey, James S. Savage and John J. Krimm, Jr., for defendant-appellee First General Insurance Company.

Bricker & Eckler, James S. Monahan and Quintin F. Lindsmith, for defendant-appellee Employers Reinsurance Corporation.

WHITESIDE, Judge.

Plaintiff-appellant, George Fabe, Superintendent of Insurance for the state of Ohio and Liquidator of Columbus Insurance Company, appeals a judgment of the Franklin County Common Pleas Court and raises the following assignment of error:

"The trial court erred in granting the defendants' motion to stay proceedings and to compel the Superintendent of Insurance, acting as statutory liquidator...

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