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STUDER v. VETERANS OF FOREIGN WARS POST 3767

No. 2008-T-0133.

185 Ohio App.3d 691 (2009)

2009-Ohio-7002

STUDER, Admr., Appellant, v. VETERANS OF FOREIGN WARS POST 3767, Appellee, et al.

Court of Appeals of Ohio, Eleventh District, Trumbull County.

Decided December 31, 2009.

Attorney(s) appearing for the Case

Anzellotti, Sperling, Pazol & Small Co., L.P.A., Raymond J. Tisone, and Robert D. Vizmeg, for appellant.

Guarnieri & Secrest, P.L.L., Randil J. Rudloff, and John M. Rossi, for appellee.

CYNTHIA WESTCOTT RICE, Judge.

{¶ 1} Appellant, Bryan Studer, administrator of the estate of Kyrsten Studer, appeals the summary judgment of the Trumbull County Court of Common Pleas on his Dram Shop Act claim against appellee, Veterans of Foreign Wars Post 3767 ("VFW"), in favor of the VFW. At issue is whether the former version of the act is constitutional and whether fact issues exist on appellant's Dram Shop Act claim. For the reasons that follow...

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