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Finch v. Kabana3/22/1990
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We have determined that appellee has not met the burden of showing there is no genuine issue of material fact. Therefore, appellant's assignment of error is sustained.
For the reasons stated above and upon the authorities cited and discussed, the judgment of the Court of Common Pleas of Allen County is reversed and remanded to that court for further proceedings.
Judgment reversed and cause remanded.
SHAW, P.J., and GUERNSEY, J., concur.
J. THOMAS GUERNSEY, J., retired, of the Third Appellate District, sitting by assignment.
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