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The STATE ex rel. CELEBREZZE, Atty. Gen., et al. v. TELE-COMMUNICATIONS, INC. Reporter's Note: An appeal to the court of appeals was settled and dismissed.

LEACH, Judge.

This action was previously tried by the parties. Upon consideration of all the evidence and for those reasons set forth in this court's decision, it is hereby ORDERED and ADJUDGED as follows:

1. Judgment is hereby rendered in favor of defendant and against plaintiffs on plaintiffs' complaint;

2. Judgment is hereby rendered in favor of defendant and against plaintiff, Auditor of Ohio, on defendant's counterclaim:

a. In the amount of $243,593.29 for all outstanding past due payments upon the leases at issue as of March 1, 1991, plus interest;

b. In the amount of $441,695.24, which represents "all legal fees and other costs and expenses" that plaintiff Auditor has contractually promised to pay to defendant. This amount includes attorney fees, which the court concludes were reasonable under the circumstances, for work performed by three law firms, allocable as follows: $273,051.52 for work performed by the law firm of Carlile, Patchen, Murphy Allison; $2,500 for work performed by the law firm of Chester, Hoffman, Willcox Saxbe; $95,878.20 for work performed by the law firm of Climaco, Climaco, Seminatore, Lefkowitz Garofoli. This amount also includes $70,265.52, which represents various reimbursable costs actually incurred by TCI, but not to include lunch and dinner meetings expenses.

3. Court costs are assessed against plaintiffs. The Clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal.

So ordered.

RUSSELL LEACH, J., retired, of the Franklin County Municipal Court, sitting by assignment.

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STATE EX REL. CELEBREZZE v. TELE-COMMUNICATIONS
(Jul 16, 1991)