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STATE v. HERZING

Nos. 84-1344 and 84-1405.

18 Ohio St. 3d 337 (1985)

THE STATE OF OHIO, APPELLEE, v. HERZING, APPELLANT. THE STATE OF OHIO, APPELLEE, v. WILLIAMS, APPELLANT.

Supreme Court of Ohio.

Decided July 31, 1985.

Attorney(s) appearing for the Case

Don W. Fraser, for appellees.

John L. Ross, for appellants.

SWEENEY, J.

The causes subjudice have been certified for disposition without the benefit of an appellate court review of the issue on the merits, i.e., whether the trial court acted properly in admitting the results of the intoxilyzer tests performed on both appellants.

In DeHart v. Aetna Life Ins. Co. (1982), 69 Ohio St.2d 189 [23 O.O.3d 210], this court stated at 192:

"* * *...

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