MOSCA v. CIRCLEVILLE PUMPKIN SHOW, INC.

No. 99 CA 10.

136 Ohio App.3d 404 (1999)

MOSCA et al., Appellants, v. CIRCLEVILLE PUMPKIN SHOW, INC. et al., Appellees.

Court of Appeals of Ohio, Fourth District, Pickaway County.

Decided December 22, 1999.


Attorney(s) appearing for the Case

Swope & Swope and Richard F. Swope, for appellants.

Berlon Arter & Hadden, L.L.P., and Kristen L. Mayer, for appellees.


PETER B. ABELE, Judge.

This is an appeal from a Pickaway County Common Pleas Court summary judgment. Sally Jo and Antonio Mosca, plaintiffs below and appellants herein, assign the following error for our review:

"The trial court erred and abused its discretion when it sustained defendant-appellee city of circleville's motion to dismiss pursuant to Civil Rule 12(B)(6), the city having engaged in a proprietary...

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