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BANK OF NEW YORK MELLON TRUST CO. v. UNGER

No. 97315.

2012 Ohio 1950

THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., PLAINTIFF-APPELLEE, v. JAMES M. UNGER, ET AL., DEFENDANTS-APPELLANTS.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED AND JOURNALIZED: May 3, 2012.

Attorney(s) appearing for the Case

James R. Douglass , James R. Douglass Co., LPA, 20521 Chagrin Blvd., Suite D, Shaker Heights, Ohio 44122, ATTORNEY FOR APPELLANT.

Karen M. Cadieux , Jeffery A. Lipps , David A. Wallace , Joel E. Sechler , Carpenter Lipps & Leland LLP, 280 Plaza, Suite 1300, 280 North High Street, Columbus, Ohio 43215, For Bank of New York Mellon, Lindsey K. McCarron , Assistant Attorney General, 150 East Gay Street, 21st Floor, Columbus, Ohio 43215, For Ohio Department of Taxation, James R. Bennett , 400 United States Courthouse, 801 W. Superior Avenue, Cleveland, Ohio 44113, For United States of America, ATTORNEYS FOR APPELLEE.

BEFORE: Rocco, J., Sweeney, P.J., and Kilbane, J.

JOURNAL ENTRY AND OPINION

KENNETH A. ROCCO, J.

{¶1} Defendants-appellants James M. Unger and Kelly B. Unger ("Ungers") appeal from the trial court's orders in favor of plaintiff-appellee The Bank of New York Mellon Trust Company, National Association f.k.a. The Bank of New York Trust Company NA, as Successor to JP Morgan Chase Bank NA, as Trustee for RAMP 2004RS10 ("Mellon") relating to the Ungers' counterclaim in which they sought the...

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