THOMAS J. OSOWIK, Judge.
This cause came on for determination of defendant Emery Takacs' motion for summary judgment.
Under Civ.R. 56, summary judgment is proper when "(1) No genuine issue as to any material fact remains to be litigated; (2) the moving party is entitled to judgment as a matter of law; and (3) it appears from the evidence that reasonable minds can come to but one conclusion, and viewing such evidence most strongly in favor of the party against...
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