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ATTENTION
DIRECT ANY QUESTIONS ABOUT THE ANNOUNCEMENT TO WALTER S. KOBALKA,
REPORTER OF DECISIONS, AND DEBORAH J. BARRETT AT (614) 466-4961 OR
1-800-826-9010.











SUPREME COURT OF OHIO

COLUMBUS



ANNOUNCEMENT


TUESDAY
December 27, 1994



MERIT DOCKET


93-936. Phung v. Waste Mgt., Inc.
Sandusky County. Appeal from the Court of Appeals for Sandusky
County, No. S-91-48. Judgment affirmed and cause remanded.
Moyer, C.J., A.W. Sweeney, Whiteside, Shannon, Farmer, F.E.
Sweeney and Pfeifer, JJ., concur.
Alba L. Whiteside, J., of the Tenth Appellate District, sitting
for Douglas, J.
Raymond E. Shannon, J., of the First Appellate District,
sitting for Wright, J.
Sheila G. Farmer, J., of the Fifth Appellate District, sitting
for Resnick, J.

93-1381. Shump v. First Continental-Robinwood Assoc.
Montgomery County. Appeal and Cross-Appeal from the Court of
Appeals for Montgomery County, No. 13173. Judgment affirmed.
Moyer, C.J., A.W. Sweeney, Wright and Pfeifer, JJ., concur.
Douglas, Resnick and F.E. Sweeney, JJ., concur in the syllabus
and judgment only.

93-1399. Berger v. Port Clinton.
Ottawa County. Appeal from the Court of Appeals for Ottawa County,
No. 92-OT-037. Sua sponte, cause dismissed as having been
improvidently allowed.
A.W. Sweeney, Douglas, Wright, Resnick, F.E. Sweeney and
Pfeifer, JJ., concur.

Moyer, C.J., dissents.

93-1971. Rick Case Motors, Inc. v. Tracy.
Appeal from the Board of Tax Appeals, No. 91-X-321. Decision
affirmed.
Moyer, C.J., A.W. Sweeney, Douglas, Wright, Resnick, F.E.
Sweeney and Pfeifer, JJ., concur.

93-2447. Herb Soc. of Am., Inc. v. Tracy.
Appeal from the Board of Tax Appeals, No. 91-A-1761. Decision
reversed and cause remanded.
Moyer, C.J., A.W. Sweeney, Wright, Resnick, F.E. Sweeney and
Pfeifer, JJ., concur.
Douglas, J., dissents.

93-2570. Highland Park Owners, Inc. v. Tracy.
Appeal from the Board of Tax Appeals, No. 91-A-1405. Decision
affirmed.
Moyer, C.J., A.W. Sweeney, Douglas, Wright, Resnick, F.E.
Sweeney and Pfeifer, JJ., concur.

94-2302. Disciplinary Counsel v. Papalardo.
On Certified Report by the Board of Commissioners on Grievances and
Discipline of the Supreme Court, No. 93-65. Sylvester Ron Papalardo
is publicly reprimanded.
Moyer, C.J., A.W. Sweeney, Douglas, Wright, Resnick, F.E.
Sweeney and Pfeifer, JJ., concur.








SUPREME COURT OF OHIO

COLUMBUS



ANNOUNCEMENT


TUESDAY
December 27, 1994



MISCELLANEOUS DISMISSALS


94-2143. State ex rel. Burket v. Indus. Comm.
Franklin County, No. 93APD10-1367. This cause is pending before the
court as an appeal from the Court of Appeals for Franklin County.
On November 30, 1994, a joint stipulation for extension of time for
filing appellant's brief was filed giving appellant until December

20, 1994, to file a merit brief. It appears from the records of
this court that appellant has not filed a merit brief in compliance
with the Rules of Practice of the Supreme Court and therefore has
failed to prosecute this cause with the requisite diligence. Upon
consideration thereof,
IT IS ORDERED by the court that this cause be, and hereby is,
dismissed sua sponte.

94-2291. State v. Hamilton.
Clark County, No. 2882. This cause is pending before the court as
an appeal from the Court of Appeals for Clark County. Appellant's
brief or notice of adoption of memorandum in support of jurisdiction
as merit brief was due November 28, 1994. It appears from the
records of this court that appellant has not filed a merit brief or
notice of adoption in compliance with the Rules of Practice of the
Supreme Court and therefore has failed to prosecute this cause with
the requisite diligence. Upon consideration thereof,
IT IS ORDERED by the court that this cause be, and hereby is,
dismissed sua sponte.

94-2323. State ex rel. Hill v. Crush.
Hamilton County, No. C-940639. This cause is pending before the
court as an appeal from the Court of Appeals for Hamilton County.
Appellant's merit brief was due December 19, 1994. It appears from
the records of this court that appellant has not filed a merit brief
in compliance with the Rules of Practice of the Supreme Court and
therefore has failed to prosecute this cause with the requisite
diligence. Upon consideration thereof,
IT IS ORDERED by the court that this cause be, and hereby is,
dismissed sua sponte.


 

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