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STATE EX REL. v. MALONEY

No. 2004-0094.

103 Ohio St.3d 93 (2004)

2004-Ohio-4437

THE STATE EX REL. NATIONAL CITY BANK, APPELLANT, v. MALONEY, JUDGE, APPELLEE.

Supreme Court of Ohio.

Decided September 8, 2004.

Attorney(s) appearing for the Case

Henderson, Covington, Messenger, Newman & Thomas Co., L.P.A., Richard J. Thomas, Youngstown, and Scott C. Essad, Canfield, for appellant.

Montgomery, Rennie & Jonson, Cincinnati, Ralph E. Burnham and Hope A. Smith, for appellee.

Per Curiam.

{¶ 1} Appellant, National City Bank ("National City"), administers certain trusts in which it acts as testamentary trustee. From September through November 1998, appellee, Judge Timothy P. Maloney of the Mahoning County Common Pleas Court, Probate Division, considered the fees charged by National City in approximately 154 trusts in which National City acted as trustee. In 1999, Judge Maloney denied the fees.

{¶ 2} On appeal...

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