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SWANK v. SWANK

No. 07 CA 0061.

2008 Ohio 3997

Robert L. Swank, et al., Plaintiffs-Appellants, v. Freeman J. Swank, Jr., et al., Defendant-Appellees.

Court of Appeals of Ohio, Fifth District, Richland County.

DATE OF JUDGMENT ENTRY: August 5, 2008.

Attorney(s) appearing for the Case

Michael L. Inscore, 13 Park Avenue West, Suite 400, Mansfield, Ohio 44902, for Plaintiffs-Appellants.

David J. Wigham, 225 North Market Street, Wooster, Ohio 44691, Attorney for Defendant-Appellee Agri Mark Farmers Co-Op, Inc.

Robert S. Naylor, 5775 Perimeter Drive, Suite 180, Dublin, Ohio 43017, Attorney for Freeman J. Swank and Mary Jane Swank, for Defendants-Appellees.

Before: Hon. William B. Hoffman, P.J., Hon. Sheila G. Farmer, J., Hon. Patricia A. Delaney, J.

OPINION

DELANEY, J.

{¶1} Appellants Robert L. Swank and E. Clark Swank ("Appellants") appeal the decision of the Richland County Common Pleas Court to grant the motion for summary judgment of Appellee Agri Mark Farmers Co-Op, Inc., nka Town & Country Co-Op, Inc. This is the second appeal in a lengthy legal battle between the parties.

STATEMENT OF THE FACTS AND THE CASE

{¶2} Freeman Swank, Sr...

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