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INTER-CITY EQUIPMENT CORP. v. MARDIGIAN

No. 5135.

114 Ohio App. 401 (1961)

INTER-CITY EQUIPMENT CORP., APPELLEE, v. MARDIGIAN ET AL., D. B. A. ARROW WRECKING CO., ET AL., APPELLANTS, ET AL.

Court of Appeals of Ohio, Summit County.

Decided December 6, 1961.

Attorney(s) appearing for the Case

Mr. Stephan H. Gabalac and Mr. Hollis Allan, for appellee.

Messrs. Metzenbaum, Gaines, Schwartz, Krupansky, Finley & Stern, and Mr. Robert W. Blakemore, for appellants.

STEVENS, P. J.

Plaintiff (appellee), in its amended petition, alleged that it furnished machinery, and repairs to machinery, used in the demolition of the Quaker Oats Company buildings by defendant (appellant) Arrow Wrecking Company, in the performance of the latter company's contract with the city of Akron, the owner; that it filed a lien therefor pursuant to law; that at the time said lien was filed, the city of Akron had on hand funds owing to Arrow Wrecking Company...

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