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MOUNT OLIVE BAPTIST CHURCH v. PIPKINS PAINTS AND HOME IMPROVEMENT CENTER, INC.

No. 37907.

64 Ohio App. 2d 285 (1979)

MOUNT OLIVE BAPTIST CHURCH, APPELLANT, v. PIPKINS PAINTS AND HOME IMPROVEMENT CENTER, INC., APPELLEE.

Court of Appeals of Ohio, Cuyahoga County.

Decided June 14, 1979.

Attorney(s) appearing for the Case

Mr. Elliott Ray Kelley, for appellant.

Mr. Russell T. Adrine, for appellee.

PARRINO, P. J.

This is an appeal from a judgment of the Cleveland Municipal Court vacating a default judgment which it previously had entered in favor of the plaintiff. This appeal considers the circumstances under which a default judgment can be vacated pursuant to Civ. R. 60(B)(5). We reverse.

On July 13, 1976, Mount Olive Baptist Church, the plaintiff-appellant, filed a complaint against the defendant-appellee, Daniel B. Pipkins, individually, d.b.a. Pipkins...

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