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WAYNE SMITH CONSTR. CO., INC. v. WOLMAN

No. 91-1479.

65 Ohio St.3d 383 (1992)

WAYNE SMITH CONSTRUCTION COMPANY, INC., APPELLEE, v. WOLMAN, DUBERSTEIN & THOMPSON ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided December 14, 1992.

Attorney(s) appearing for the Case

Luper, Wolinetz, Sheriff & Neidenthal, Mark J. Sheriff, Jack L. Stewart and Eugene R. Butler, for appellee.

Strip, Fargo, Schulman & Hoppers Co., L.P.A., A.C. Strip and Nancy A. Novack, for appellants.

HOLMES, J.

I

Appellants contend that Smith Construction is barred by the principle of res judicata from executing on their personal assets in order to satisfy the outstanding debt of the partnership. According to their reading of the South Carolina Court of Appeals decision, the individual partners of Wolman, Duberstein & Thompson were absolved of any liability, joint or several and, therefore, their personal property is not subject to execution...

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