Per Curiam.
For the following reasons, we affirm the judgment of the court of appeals.
Appellee has filed a Civ.R. 12(B)(6) motion to dismiss for failure to state a claim on which relief can be granted. As appellant points out in his motion to strike, such a motion has no place in an appeal. Therefore, we grant the motion to strike. See Civ.R. 1(C)(1). However, we treat the memorandum in support of the motion to dismiss as a brief on the merits.
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