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SCOTT v. OHIO DEPT. OF TAXATION

No. 82AP-858.

11 Ohio App. 3d 20 (1983)

SCOTT, TRUSTEE, APPELLANT, v. OHIO DEPARTMENT OF TAXATION, APPELLEE.

Court of Appeals of Ohio, Franklin County.

Decided June 2, 1983.

Attorney(s) appearing for the Case

Messrs. Scott, Walker & Kuehnle and Mr. Daniel J. Hunter, for appellant.

Mr. Anthony J. Celebrezze, Jr., attorney general, Mr. Mark T. D'Allessandro and Mr. Richard C. Farrin, for appellee.

WHITESIDE, P.J.

Plaintiff, Thomas C. Scott, Trustee in Bankruptcy for the Estate of Davis & Wood, Inc., appeals from a judgment of the Court of Claims dismissing his complaint and raises a single assignment of error, claiming that the Court of Claims erred in granting defendant's motion to dismiss the complaint.

The complaint alleges that, on March 31, 1980, an involuntary petition in bankruptcy was filed against the debtor, Davis & Wood, Inc., in...

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