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FANNIN v. CUBRIC

No. 838.

21 Ohio App. 2d 99 (1970)

FANNIN, APPELLEE AND CROSS-APPELLANT, v. CUBRIC, CROSS-APPELLEE; E. P. COADY CO., APPELLANT.

Court of Appeals of Ohio, Scioto County.

Decided February 4, 1970.

Attorney(s) appearing for the Case

Messrs. Miller, Searl & Fitch, Mr. Chester P. Fitch and Mr. Lee O. Fitch, for appellee and cross-appellant Asa Fannin.

Messrs. Bannon, Howland, McCurdy & Dever, Mr. Robert E. Dever and Mr. William L. Howland, for cross-appellee Frank Cubric.

Messrs. Kimble, Schapiro, Stevens, Harcha & Young, Mr. Laurence M. Kimble and Mr. Howard H. Harcha, Jr., for appellant E. P. Coady Company.

GUERNSEY, J.

On April 25, 1964, a portion of U. S. Route 52 in the eastern part of Portsmouth was under reconstruction, with traffic being maintained through the construction area. The contract for the construction work had been let by the state of Ohio to the E. P. Coady Company, hereinafter referred to as Coady. Except for such control thereof as had not been yielded by the state of Ohio and subject to the rights...

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