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Judge allows Liberty man to intervene in civil suit



Published: Tue, June 28, 2005 @ 12:00 a.m.



A pretrial on the matter will be set for next month.

By PEGGY SINKOVICH

VINDICATOR TRUMBULL STAFF

WARREN -- A Liberty Township man who says his cast iron horse was illegally taken from him will be allowed to intervene in a civil suit filed by the two men who took it, a judge says.

Judge John Stuard of Trumbull County Common Pleas Court ruled Monday that John Coleman of Overbrook Avenue be allowed to get involved in a suit filed by Andrew and Aaron Kish against their father.

The suit by the two brothers against Michael Kish, filed in 2003, is still pending in Judge Stuard's courtroom.

A pretrial on the matter will be set in the next month, a spokeswoman for Judge Stuard's office said.

"I'm very pleased with the judge's decision," said Atty. Gilbert Rucker, who represents Coleman. "This will give the parties in the case an opportunity to have the truth come out."

The Kish brothers believe their father owes them money while Coleman says Andrew and Aaron Kish owe him a cast iron horse statue.

Coleman also is asking the judge to have the cast iron horse statue returned and for punitive damages in the amount of $200,000.

Questionable claim

According to the motion filed by Rucker, Coleman says his friend Michael Kish gave him the cast iron horse statue, which stands 20 feet tall, as a gift in August 2000. On March 16, Aaron and Andrew Kish came to his home with a fraudulent court order demanding the horse, according to the motion.

A check of the court docket reveals no orders of recovery or possession issued to the Kishes.

Atty. Charles Dunlap, who represents Andrew and Aaron Kish, could not be reached to comment.

Liberty Township Police Chief Anthony Slifka said Coleman told him he was keeping the horse for Michael Kish.

He said that when he was at the Coleman house March 16, Aaron Kish showed him a court order stating that all the merchandise belonging to Michael Kish was to be stored in one location until the brothers' suit against their father is settled.

Rucker says the cast iron horse is valued at $25,000. He noted that Michael Kish is serving a 10-year prison sentence for two counts of possession of drugs.

sinkovich@vindy.com




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