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Maienza v. Canrad9/20/2000
"located adjacent to such situs of duty, owned, maintained and controlled by" OCI for its exclusive benefit. Thus, we find that the Marlow syllabus applies in this case and Maienza is entitled to participate in the Fund as a matter of law. Accordingly, the trial court did not err in granting summary judgment to Maienza or in denying OCI's motion for summary judgment. We overrule OCI's only assignment of error and affirm the judgment of the trial court.
JUDGMENT AFFIRMED.
JUDGMENT ENTRY
It is ordered that the JUDGMENT BE AFFIRMED and that Appellee recover of Appellant costs herein taxed.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Pickaway County Common Pleas Court to carry this judgment into execution.
Any stay previously granted by this Court is hereby terminated as of the date of this entry.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. Exceptions.
Abele, J. and Harsha, J.: Concur in Judgment and Opinion.
Roger L. Kline, Presiding Judge
NOTICE TO COUNSEL
Pursuant to Local Rule No. 14, this document constitutes a final judgment entry and the time period for further appeal commences from the date of filing with the clerk.
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