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JOHN P. NOVATNY ELECTRIC CO. v. STATE

No. 75AP-306.

46 Ohio App. 2d 255 (1975)

JOHN P. NOVATNY ELECTRIC COMPANY, APPELLANT, v. THE STATE OF OHIO, APPELLEE.

Court of Appeals of Ohio, Franklin County.

Decided December 2, 1975.

Attorney(s) appearing for the Case

Weick & Genovese Co., L. P. A., and Mr. Leland D. Cole, for appellant.

Mr. William J. Brown, attorney general, and Mr. Steven L. Ball, for appellee.

Messrs. Knepper, White, Richards & Miller, Mr. John A. Jenkins and Mr. James A. Readey, for amicus curiae Ohio Contractors Association.

Messrs. Topper, Alloway, Goodman, DeLeone & Duffey, and Mr. Stephen Lewis, for amicus curiae Ohio Conference of NECA Chapters.

WHITESIDE, J.

Plaintiff appeals from a judgment of the Court of Claims dismissing its complaint, and raises a single assignment of error, as follows:

"The Court of Claims' dismissal of Novatny's complaint should have been without prejudice with leave granted as to the filing of a subsequent amended complaint on the same cause of action against the Board of Trustees of the University of Akron which was the principal contracting

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