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HILLYER v. ROTH

74 Ohio Misc.2d 127 (1995)

HILLYER et al. v. ROTH et al.

Court of Common Pleas of Ohio.

Decided March 7, 1995.

Attorney(s) appearing for the Case

Veronica M. Murphy, for Hugh H. Hillyer and Sara E. Hillyer.

David R. Pheils, Jr., for Crandall, Pheils & Wisniewski.

Paul E. O'Reilly, pro se.

Rohrbacher, Nicholson & Light and Kathleen W. Striggow, for Richard E. Roth, Roth Insurance Agency, Inc., Pat Seybold, Dale Moore, and Seneca Insurance Company, Inc.

FREDERICK H. McDONALD, Judge.

This case is before the court upon the motion of defendants Paul E. O'Reilly and Crandall, Pheils & Wisniewski for assessment of costs and attorney fees pursuant to R.C. 2323.51, the frivolous conduct statute. A hearing on that motion has also been requested. For the reasons that follow, I find that the motion is not well taken and should be denied, and that no hearing is required.

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