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TOLEDO EDISON CO. v. DON KING CONSTRUCTION CO.

No. 203.

109 Ohio App. 65 (1958)

THE TOLEDO EDISON CO., APPELLANT, v. DON KING CONSTRUCTION CO., INC., ET AL., APPELLEES.

Court of Appeals of Ohio, Defiance County.

Decided October 29, 1958.

Attorney(s) appearing for the Case

Mr. Karl H. Weaner, Jr., Messrs. Fuller, Harrington, Seney & Henry and Mr. Wilson W. Snyder, for appellant.

Mr. John E. Kissner, Mr. John W. Winn and Mr. C. A. Bakle, for appellees.

GUERNSEY, J.

This is an appeal on questions of law and fact by The Toledo Edison Company, which we shall refer to hereinafter as the plaintiff. It appears that the city of Defiance, Ohio, one of the defendants, entered into a contract with the defendant Bock & Knapp Construction Company for the construction of an intercepting sewer within the boundaries of First Street in said city. Plaintiff filed a petition to permanently...

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