Western Insurance Co. v. Lumbermans Mutual Insurance Co.
Ohio Court of Appeals
1Opinion of the CourtGeorge, P.J.
The plaintiff-appellant, Western Insurance Company (“Western”), appeals from the judgment of the trial court denying its motion for relief from judgment, pursuant to Civ. R. 60(B)(5). This court reverses that judgment.
On July 15, 1983, Western filed a declaratory judgment action against Lumbermans Mutual Insurance Company, among others. The defendants filed motions to dismiss pursuant to Civ. R. 12(B)(6) and 19. On April 4,1984, the trial court dismissed the case, finding that Western had failed to join indispensable parties, and that the action failed to state a claim upon which relief could…
Also in this document: Concurrence.
2Cases cited6 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Klapprott v. United StatesSupreme Court of the United States · 1949
- Klapprott v. United StatesSupreme Court of the United States · 1949
- Hensley v. HenryOhio Supreme Court · 1980
- State ex rel. Gyurcsik v. AngelottaOhio Supreme Court · 1977
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3Cited by6 opinions
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- Tuttle v. CollinsOhio Court of Appeals · 2020
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