SETTLEMYER v. WILMINGTON VETERANS POST NO. 49

No. 83-812.

11 Ohio St. 3d 123 (1984)

SETTLEMYER, ADMX., APPELLANT, v. WILMINGTON VETERANS POST NO. 49, AMERICAN LEGION, INC., APPELLEE.

Supreme Court of Ohio.

Decided June 13, 1984.


Attorney(s) appearing for the Case

Messrs. Holbrock, Jonson, Bressler & Houser and Mr. Timothy R. Evans, for appellant.

Mr. Dennis Pusateri, for appellee.


Per Curiam.

The determinative question presented for our review is whether plaintiff-appellant's complaint sets forth a maintainable cause of action under Ohio law.

In Mason v. Roberts (1973), 33 Ohio St.2d 29 [62 O.O.2d 346], we held in the syllabus as follows:

"1. R.C. 4399.01, commonly known as the Dram Shop Act, does not provide the exclusive remedy against a liquor permit holder...

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