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KERNS v. SCHMIDT

No. 93APE09-1288.

94 Ohio App.3d 601 (1994)

KERNS, Appellant, v. SCHMIDT et al., Appellees.

Court of Appeals of Ohio, Franklin County.

Decided June 9, 1994.

Attorney(s) appearing for the Case

Sambol & Associates and Marylee Gill Sambol, for appellant.

Jacobson, Maynard, Tuschman & Kalur Co., L.P.A., and Patrick F. Smith, for appellee Grant Schmidt, M.D.

Daulton, Maguire, Vivyan & Schneider and Patrick D. Maguire, for appellee Sharon (Kerns) Baker.

BOWMAN, Judge.

In August 1991, appellant, Phillip Kerns, initiated this action against appellees, Grant Schmidt, M.D., and against his former wife, Sharon Kerns Baker ("Baker"), alleging that the two had committed fraud by failing to obtain his consent to his wife's artificial insemination by a nonspousal donor, in violation of R.C. 3111.30 through 3111.38.1 Appellant's claim against Riverside Hospital was voluntarily dismissed.

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