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MIDWEST BUSINESS CAPITAL v. RFS PYRAMID MGT.

No. 2011-T-0030.

2011 Ohio 6214

Midwest Business Capital, A Division of United Midwest Savings Bank, Plaintiff, v. RFS Pyramid Management, LLC, et al., Defendant-Appellant, PNC Bank, National Association, Successor To National City Bank, Defendant-Appellee.

Court of Appeals of Ohio, Eleventh District, Trumbull County.

December 5, 2011.

Attorney(s) appearing for the Case

Mark E. Bumstead , Letson, Griffith, Woodall, Lavelle & Rosenberg Co., 108 Main Avenue, S.W., 6th Floor, P.O. Box 151, Warren, OH 44481-0151; and James J. Crisan , Martin F. White Co., L.P.A., 156 Park Avenue, N.E., P.O. Box 1150, Warren, OH 44482-1150 (For Defendant-Appellant).

Robert B. Trattner and Michelle L. DiBartolo , Thomas, Trattner & Malone, LLC, One South Main Street, 2nd Floor, Akron, OH 44308 (For Defendant-Appellee).

OPINION

CYNTHIA WESTCOTT RICE, J.

{¶1} Appellant, RFS Pyramid Management, LLC ("RFS"), appeals from the judgment entered by the Trumbull County Court of Common Pleas granting appellee, PNC Bank, National Association, successor to National City Bank, summary judgment. For the reasons discussed below, we affirm.

{¶2} On August 24, 2009, Midwest Business Capital, A Division of Midwest Savings Bank ("Midwest"), filed...

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