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CITY OF COLUMBUS, APPELLANT v. HOLMES, APPELLEE. For opinion of Court of Appeals, see 107 Ohio App. 391.

Supreme Court — Appeal — Judgment affirmed sua sponte, when — Rule XIX, Rules of Practice — Court of Appeals reversing on weight of evidence.

Per Curiam.

It appearing that the Court of Appeals reversed the judgment of the Common Pleas Court on the weight of the evidence and remanded the cause for further proceedings and that an appeal was filed in this court upon the record of the Court of Appeals, this court, under Rule XIX, sua sponte affirms the judgment.

Judgment affirmed.

WEYGANDT, C.J., ZIMMERMAN, TAFT, MATTHIAS, BELL, HERBERT, and PECK, JJ., concur.

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COLUMBUS v. HOLMES
(May 27, 1959)