GUTMANN v. FELDMAN

No. 2002-0146.

97 Ohio St.3d 473 (2002)

2002-Ohio-6721

GUTMANN ET AL., RESPONDENTS, v. FELDMAN ET AL., PETITIONERS.

Supreme Court of Ohio.

Decided December 18, 2002.


Attorney(s) appearing for the Case

Squire, Sanders & Dempsey, L.L.P., Mark J. Ruehlmann, Gregory A. Ruehlmann and Pierre H. Bergeron, for respondents.

Vorys, Sater, Seymour & Pease, L.L.P., Glenn V. Whitaker and Phillip J. Smith; and Coolidge, Wall, Womsley & Lombard and Roger J. Makley, for petitioners.

Betty D. Montgomery, Attorney General, David M. Gormley, State Solicitor, Michael R. Gladman and Robert L. Strayer, Assistant Solicitors, as amicus curiae in favor of respondents.


COOK, J.

{¶ 1} Pursuant to S.Ct.Prac.R. XVIII, the United States District Court for the Southern District of Ohio, Western Division, has certified to this court the following question of state law:

{¶ 2} "Can an oral contract constitute a `security' as that term is defined in Ohio Revised Code § 1707.01(B)?"

{¶ 3} This court answers "no."

I

{¶ 4} In its certification order, the district court...

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