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HENRY v. BANCOHIO NATL. BANK OF COLUMBUS

No. 90AP-1410.

74 Ohio App.3d 209 (1991)

HENRY, Appellee, v. BANCOHIO NATIONAL BANK OF COLUMBUS, Appellant; Ohio Department of Taxation, Appellee.

Court of Appeals of Ohio, Franklin County.

Decided May 21, 1991.

Attorney(s) appearing for the Case

Matan & Smith and Thomas L. Henderson, for appellee Sheila Denise Henry.

Kincaid & Randall and Edward F. Chuha, for appellant.

Lee I. Fisher, Attorney General, and Gregory S. Severance, for appellee Ohio Department of Taxation.

HOOPER, Judge.

Defendant, BancOhio National Bank of Columbus, appeals the judgment of the Franklin County Court of Common Pleas, which sustained plaintiff's motion and granted summary judgment in favor of plaintiff.

Defendant's assignments of error state:

"I. The lower court erred in holding that O.R.C. § 1337.04 is mandatory given the facts and circumstances present in this case.

"II. The...

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