STATE EX REL. OHIO COMPANY v. MASCHARI

No. 89-167.

51 Ohio St. 3d 18 (1990)

THE STATE, EX REL. THE OHIO COMPANY ET AL., v. MASCHARI, JUDGE.

Supreme Court of Ohio.

Decided May 9, 1990.


Attorney(s) appearing for the Case

Emens, Hurd, Kegler & Ritter and John C. McDonald, for relator The Ohio Company.

Jones, Day, Reavis & Pogue and John W. Zeiger, for relators Donald C. Fanta, Daniel A. Fronk and O. Allan Gulker.

Vorys, Sater, Seymour & Pease and Michael J. Canter, for relators Funtime, Inc., Dale W. Van Voorhis and Gaspar C. Lococo.

Porter, Wright, Morris & Arthur and James E. Pohlman, for relator Dain Bosworth, Inc.

Kevin J. Baxter, prosecuting attorney, for respondent Judge Maschari.

Murray & Murray Co., L.P.A., Dennis E. Murray, Sr., Kirk J. Delli Bovi, John T. Murray and Dennis E. Murray, Jr., for intervenors, Maureen Gergely et al.

Gallagher, Sharp, Fulton & Norman and James F. Koehler, for amicus curiae, United Shareholders Association.


Per Curiam.

This is an action in prohibition challenging the jurisdiction of respondent, Judge Ann B. Maschari of the Court of Common Pleas of Erie County, to proceed with a jury trial on certain claims arising out of the management-led leveraged buyout of Funtime, Inc., formerly a publicly traded Ohio corporation. The cause before Judge Maschari, Maureen Gergely et al. v. Dale Van Voorhis et al, Erie C.P. No. 87-CV-469 (the "Gergely action...

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