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RILEY v. MONTGOMERY

No. 83-1358.

11 Ohio St. 3d 75 (1984)

RILEY, APPELLEE, v. MONTGOMERY ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided June 6, 1984.

Attorney(s) appearing for the Case

Ruppert, Bronson & Chicarelli Co., L.P.A., and Mr. James D. Ruppert, for appellee.

Mr. H. Charles Wagner and Mr. Victor T. Whisman, for appellants.

GREY, J.

I

Preliminary Issues

A

Filing of Notice of Appeal

Riley urges the court to dismiss this appeal because a copy of appellants' notice of appeal from the court of appeals was not filed in the Supreme Court within the thirty days prescribed by Section 1(B), Rule I, Rules of Practice of the Supreme Court. Section 1, Rule II, Rules of Practice does provide that this court may dismiss such an appeal for lack of prosecution...

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