Kimberly A. Zurz, Director, Ohio Department of Commerce, Plaintiff-Appellant/Cross-Appellee,
v.
Kimberly Mayhew, Esq., Administrator of the Estate of Roy G. Dillabaugh, et al., Defendants-Appellees/Cross-Appellants.
Court of Appeals of Ohio, Second District, Montgomery County.https://leagle.com/images/logo.png
Rendered on October 29, 2010.
Rendered on October 29, 2010.
Attorney(s) appearing for the Case
Cheryl R. Hawkinson, Atty. Reg. No. 0055429 and Dennis P. Smith, Atty. Reg. No. 0082556, Assistant Attorneys General, 30 East Broad Street, 26th Floor, Columbus, Ohio 43215, Attorneys for Plaintiff-Appellant/Cross-Appellee.
Ralph W. Kohnen, Atty. Reg. No. 0034418 and Eric K. Combs, Atty. Reg. No. 0067201, 425 Walnut Street, Suite 1800, Cincinnati, Ohio 45202, Attorneys for Defendant-Appellee/Cross-Appellant Alice Jane Dillabaugh.
Robert E. Dintaman, Jr., Atty. Reg. No. 0069555, 1370 Ontario Street, Suite 330, Cleveland, Ohio 44113, Attorney for Defendant-Appellee Lorne Lee Dillabaugh.
W. Randall Rock, Atty. Reg. No. 0023231, 137 N. Main Street, Suite 302, Dayton, Ohio 45402, Attorney for Defendant-Appellee/Cross-Appellant Mary Johanna Long.
Court of Appeals of Ohio, Second District, Montgomery County.
OPINION
FROELICH, J.
{¶ 1} This appeal arises out of a lawsuit brought by Kimberly A. Zurz, Director of the Ohio Department of Commerce ("the Director"), in response to a Ponzi scheme committed by Roy A. Dillabaugh, now deceased, who operated as The Dillabaugh Group. It is now undisputed that Dillabaugh made written and oral false statements to approximately 146 investors in the selling of unregistered securities...
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