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Leichtman (P) appeared on a radio program hosted by WLW's (D3), Bill Cunningham (D) to discuss the effects of smoking and breathing secondary smoke. While on the radio show another host, Furman (D2), lit a cigar and repeatedly blew smoke into P's face for the purpose of causing physical discomfort, humiliation, and distress. The trial court dismissed the claim of battery from the blowing of the smoke in P's face and P appealed.

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