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FOGLE v. BENTLEYVILLE

No. 2007-1433.

116 Ohio St.3d 301 (2007)

2007-Ohio-6454

FOGLE ET AL., APPELLEES, v. VILLAGE OF BENTLEYVILLE ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided December 13, 2007.

Attorney(s) appearing for the Case

Michael B. Pasternak, for appellees.

Tomino & Latchney, L.L.C., and Nick C. Tomino, for appellants.

{¶ 1} The discretionary appeal is accepted.

{¶ 2} The judgment of the courts of appeals is reversed on the authority of Hubbell v. Xenia, 115 Ohio St.3d 77, 2007-Ohio-4839, 873 N.E.2d 878, and the cause is remanded to the court of appeals with instructions for the court of appeals to conduct a de novo review of the law and facts....

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