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ROGERS v. CITY OF YOUNGSTOWN

No. 90-1500.

61 Ohio St.3d 205 (1991)

ROGERS, APPELLEE, v. CITY OF YOUNGSTOWN ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 31, 1991.

Attorney(s) appearing for the Case

Paul J. Gains, for appellee.

Edwin Romero, Law Director, and Cheryl L. Waite, for appellants.

Paul L. Cox, urging affirmance for amicus curiae, Fraternal Order of Police of Ohio, Inc.

Calfee, Halter & Griswold, John E. Gotherman, Joseph A. Castrodale and Anthony J. Lacerva, urging reversal for amicus curiae, Ohio Municipal League.

DOUGLAS, J.

The primary question presented for our review is whether the city had a duty, pursuant to R.C. 2744.07(A)(1), to defend appellee in the suit filed in federal court by Rogers, appellee's sister. R.C. 2744.07(A)(1) provides, in relevant part, that:

"Except as otherwise provided in this division, a political subdivision shall provide for the defense of an employee, in any state or federal court, in any civil action or proceeding to recover...

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