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KOCH v. OHIO DEPT. OF NATURAL RESOURCES

No. 93AP 112-1753.

95 Ohio App.3d 193 (1994)

KOCH et al., Appellants, v. OHIO DEPARTMENT OF NATURAL RESOURCES et al., Appellees.

Court of Appeals of Ohio, Franklin County.

Decided June 7, 1994.

Attorney(s) appearing for the Case

Smith & Lehrer Co., L.P.A., and William H. Smith, Jr., for appellants.

Lee Fisher, Attorney General, and Jeffrey R. Goldsmith, Assistant Attorney General, for appellees.

CLOSE, Judge.

This is an appeal from a judgment of the Ohio Court of Claims dismissing a complaint for malicious prosecution following a trial on the merits.

Plaintiff-appellant, Dean Koch, is a commercial fisherman holding a seining permit for Lake Erie. Seining is a commercial fishing operation during which a large net is laid into a lake, then pulled into shore with the fish trapped inside. As the net is...

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