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Not for Publication in West's Federal Reporter
United States Court of Appeals
For the First Circuit
No. 10-2249
FRANK M. BARREPSKI,...
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FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RAQUEL RUBIO, on behalf of 
herself an...
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BRIEF OF TAX EXECUTIVES INSTITUTE, INC. AS AMICUS CURIAE IN SUPPORT OF THE PETITIONER
Interest of Amicus Curiae
Pursuant to Rule 37 of the Rules o...
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OTHER CIVIL RULES - Civ.R. 56; unverified documents submitted in support of summary judgment may not be considered by trial court on summary judgment; where movant fails to submit evidentiary materials in support of its request for summary judgment, burden does not shift to nonmovant to demonstrate existence of genuine issue of material fact.
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Arbitration, Agreement, R.C. 2711.02, Final Appealable Order, Motion to Stay.
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default judgment vacate Civ.R. 60(B)(5) meritorious defense credit card
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National Bank located in Virginia sought writs of prohibition and mandamus to prevent trial court from holding a sanctions hearing for failing to respond to a subpoena in an Ohio divorce case. This court held that on the issue of service, the banks actual receipt of a subpoena vested the trial court with sufficient jurisdiction to determine its own jurisdiction. Because divorce actions and sanctions hearings are within the classes of cases that the respondent judge could adjudicate, she had basic subject matter jurisdiction, and the writs would not issue. Because the bank has minimum contacts with Ohio, lack of personal jurisdiction would not provide a sufficient basis for a writ of prohibition. Although the bank sought to characterize the issue as one of subject matter jurisdictio...
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Credit Card Dispute; S/L choice of law
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Court failed to direct clerk to serve appellant or his counsel by endorsing such direction on judgment; Clerk failed to note service in docket; Insufficient account record attached to credit card company’s complaint under Civ.R. 10(D); Unanswered interrogatories cannot be used as admissions against party whose motion for a more definite statement due to lack of attached account was still pending; No obligation to respond to the merits of instanter summary judgment motion until court grants leave to file such motion.
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Request for Admissions; complaint on account; collection