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KIRBY v. COLE

No. 13-05-08.

163 Ohio App.3d 297 (2005)

2005-Ohio-4753

KIRBY, Appellee, v. COLE, Appellant.

Court of Appeals of Ohio, Third District, Seneca County.

Decided September 12, 2005.

Attorney(s) appearing for the Case

Steven W. Kirby, pro se.

James R. Gucker, for appellant.

ROGERS, Judge.

{¶ 1} Defendant-appellant, Elmer Cole, appeals a judgment of the Municipal Court of the City of Tiffin, Small Claims Division, granting judgment for plaintiff-appellee, Steven Kirby, in the amount of $1,146.54 plus costs. On appeal, Cole asserts that the municipal court erred in not considering his affirmative defense that Elmco Trucking, Inc. was the proper defendant. Additionally, Cole asserts that the municipal court's judgment...

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