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RETTIG ENTERPRISES INC. v. KOEHLER

No. 92-2121.

68 Ohio St.3d 274 (1994)

RETTIG ENTERPRISES, INC. ET AL., APPELLEES, v. KOEHLER ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided February 9, 1994.

Attorney(s) appearing for the Case

Willaim Scott O'Brien, for appellees.

Brimley, Kostyo & Lather and John F. Kostyo, for appellants James C. Koehler, Dennis E. Lane, Northwest Passage Co., Inc., and Northwest Ohio Tool.

Bernard K. Bauer Co., L.P.A., and Bernard K. Bauer, for appellant Will Shinew.

ALICE ROBIE RESNICK, J.

Although somewhat factually complicated, this case presents a simple legal issue: Does Civ.R. 13(A) bar the plaintiffs from bringing Rettig III? We answer this question in the affirmative.

Civ.R 13(A) provides, in pertinent part, that:

"A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that...

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