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WOODRUFF v. OHIO DEPT. OF TRANSP.

No. 87-03571.

61 Ohio Misc.2d 271 (1988)

WOODRUFF et al. v. OHIO DEPARTMENT OF TRANSPORTATION et al.

Court of Claims of Ohio.

Decided July 28, 1988.

Attorney(s) appearing for the Case

Kevin L. Shoemaker, for plaintiffs Eugene Woodruff et al.

Anthony J. Celebrezze, Jr., Attorney General, and Susan M. Sullivan, Assistant Attorney General, for defendants.

FRED J. SHOEMAKER, Judge.

On May 23, 1988, defendants filed a motion for judgment on the pleadings pursuant to Civ.R. 12(C). The plaintiffs subsequently filed a response to said motion.

The file indicates that plaintiffs filed a complaint on March 13, 1987, wherein they stated the following pertinent allegations:

"6. Plaintiffs' claims arise from a train/motor vehicle collision which occurred on March...

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