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PRIMUS AUTO FINANCIAL SERV. v. BROWN

No. C-040593.

163 Ohio App.3d 746 (2005)

2005-Ohio-5207

PRIMUS AUTO FINANCIAL SERV., Appellee, v. BROWN, Appellant, et al.

Court of Appeals of Ohio, First District, Hamilton County.

Decided September 30, 2005.

Attorney(s) appearing for the Case

Weltman, Weinberg & Reis Co., L.P.A., and Charles L. Tate, for appellee.

Katz, Greenberger & Norton, L.L.P., and Stephen E. Imm, for appellant.

Per Curiam.

{¶ 1} In a single assignment of error, defendant-appellant/third-party plaintiff Torre Brown appeals from the entry of summary judgment in favor of plaintiff-appellee Primus Auto Financial Services. The issue is whether Brown may raise as a defense the fraud and misrepresentation of an automobile dealer in the finance company's action for a deficiency judgment when he failed to raise the defense as a compulsory counterclaim in the dealer...

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