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HARRISON CONSTRUCTION CO. v. OHIO TURNPIKE COM'N

No. 13779.

272 F.2d 337 (1959)

HARRISON CONSTRUCTION COMPANY, Appellant, v. OHIO TURNPIKE COMMISSION, Appellee.

United States Court of Appeals Sixth Circuit.

December 3, 1959.

Attorney(s) appearing for the Case

John H. Leddy, Columbus, Ohio, Lawrence D. Stanley, John H. Leddy of Porter, Stanley, Treffinger & Platt, Columbus, Ohio, William Wallace Booth, and John D. McIntyre of Reed, Smith, Shaw & McClay, Pittsburgh, Pa., Sheldon S. Reynolds of Arter, Hadden Wykoff & Van Duzer, Cleveland, Ohio, on brief, for appellant.

John Lansdale, Jr., Cleveland, Ohio, Lockwood Thompson, General Counsel, Ohio Turnpike Commission, Strongville, Ohio, John Lansdale, Jr., and John E. Kirkpatrick of Squire, Sanders & Dempsey, Cleveland, Ohio, on brief, for appellee.

Arnold F. Bunge of Marshall, Melhorn, Bloch & Belt, Toledo, Ohio, Jamille G. Jamra of Eastman, Stichter & Smith, Toledo, Ohio, on brief amici curiæ for Johnson-Greene Co.

Wm. E. Knepper of Knepper, White, Richards, Miller & Roberts, Columbus, Ohio, Ross W. Shumaker of Shumaker, Loop & Kendrick, Toledo, Ohio, on brief amici curiæ for S. J. Groves & Sons Co.

Before McALLISTER, Chief Judge, and MILLER and CECIL, Circuit Judges.

CECIL, Circuit Judge.

Harrison Construction Company, Appellant, filed its complaint in the District Court for the Northern District of Ohio, to recover damages from Ohio Turnpike Commission, Appellee, alleged to have been caused by breach of contract on the part of the Commission. A motion to dismiss was sustained by order of the District Court. Appellant seeks a reversal of that order.

The sole question presented here is whether or not the action is in reality...

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