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DIETZ-BRITTON v. SMYTHE, CRAMER CO.

Nos. 76435 and 76455.

139 Ohio App.3d 337 (2000)

DIETZ-BRITTON, Appellant and Cross-Appellee, v. SMYTHE, CRAMER COMPANY et al., Appellees and Cross-Appellants.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Decided October 2, 2000.

Attorney(s) appearing for the Case

McDonald, Hopkins, Burke & Haber, Tyler L. Mathews and Thomas C. Schrader, for appellant.

Climaco, Lefkowitz, Peca, Wilcox & Garafoli and Jack D. Maistros, for appellees.

JOHN T. PATTON, Judge.

Pursuant to the terms of a legal defense program, defendant Smythe, Cramer Company, a residential real estate company, undertook the legal defense of plaintiff Judith Dietz-Britton, one of its real estate agents who had been sued for fraud in connection with a real estate transaction. Shortly before the trial in that case, Smythe, Cramer told plaintiff it would not indemnify her if she were found...

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