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LEHTINEN v. DRS. LEHTINEN, MERVART & WEST INC.

No. 2002-0227.

99 Ohio St.3d 69 (2003)

2003-Ohio-2574

LEHTINEN, EXR., APPELLEE, v. DRS. LEHTINEN, MERVART & WEST, INC. ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided June 4, 2003.

Attorney(s) appearing for the Case

Shannon C. Strachan, Neil McGinness and Hal D. Cooper, for appellee.

McDonald, Hopkins, Burke & Haber Co., L.P.A., and Dan L. Makee, for appellants Dr. Michael Mervart and Dr. Michael West.

Moscarino & Treu, L.L.P., George M. Moscarino, Edward S. Jerse and Michael L. Golding, for appellant Drs. Lehtinen, Mervart and West, Inc.

Porter, Wright, Morris & Arthur, L.L.P., Patricia F. Jacobson and Hugh E. McKay; and Eugene P. Whetzel, urging affirmance for amicus curiae Ohio State Bar Association.

ALICE ROBIE RESNICK, J.

{¶ 1} This is an appeal from the reversal of a summary judgment that barred an executor who was not a member of the decedent's profession from acquiring the decedent's shares in a professional association.

{¶ 2} In 1996, David E. Lehtinen, M.D., and defendants-appellants Michael Mervart, M.D., and Michael West, M.D., all of whom were neurosurgeons, organized as a professional association under the name of Drs...

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