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KATZ v. METRO. SEWER DIST.

No. C-960230.

117 Ohio App.3d 584 (1997)

KATZ et. al, Appellants, v. METROPOLITAN SEWER DISTRICT et al., Appellees.

Court of Appeals of Ohio, First District, Hamilton County.

Decided January 22, 1997.

Attorney(s) appearing for the Case

Goodman & Goodman and Donald P. Morrisroe, for appellants.

Richard Ganulin, for appellees Metropolitan Sewer District and city of Cincinnati.

John R. Meckstroth, Jr., for appellee Board of County Commissioners of Hamilton County, Ohio.

SHANNON, Judge.

This is an appeal from the summary judgment entered by the Hamilton County Court of Common Pleas in favor of the defendants-appellees upon the complaint of the plaintiffs-appellants brought pursuant to R.C. 5303.03 1 seeking an order to remove an existing sewer line running beneath real estate owned by them.

The complaint was filed August 4, 1995, and alleged, inter alia, that the plaintiffs-appellants had...

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