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STATE EX REL. BOARDWALK SHOPPING CENTER, INC. v. COURT OF APPEALS FOR CUYAHOGA CTY.

No. 90-413.

56 Ohio St. 3d 33 (1990)

THE STATE, EX REL. BOARDWALK SHOPPING CENTER, INC. ET AL., v. COURT OF APPEALS FOR CUYAHOGA COUNTY.

Supreme Court of Ohio.

Decided December 12, 1990.

Attorney(s) appearing for the Case

Sanford I. Atkin, for relators.

John T. Corrigan, prosecuting attorney, and Colleen C. Cooney, for respondents.

Reminger & Reminger Co., L.P.A., and Robert D. Warner, for intervenor Midwestern Indemnity Co.

Per Curiam.

First, we grant Midwestern's motion to intervene and overrule relators' motion to strike. See Ohio Dept. of Adm. Serv., Office of Collective Bargaining v. State Emp. Relations Bd. (1990), 54 Ohio St.3d 48, 562 N.E.2d 125. Second, since respondent's motion presents evidence outside the pleadings, we treat it as a motion for summary judgment, which we hereby grant.

Relators' action...

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