RUNNING SPRINGS ASSOCIATES v. MASONITE CORP.

No. 81-3319.

680 F.2d 469 (1982)

RUNNING SPRINGS ASSOCIATES, Plaintiff-Appellant, v. MASONITE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 17, 1982.


Attorney(s) appearing for the Case

Stanley M. Chesley, Cincinnati, Ohio, for plaintiff-appellant.

Clement J. DeMichelis, R. Gary Winters, Cincinnati, Ohio, for defendant-appellee.

Before EDWARDS, Chief Judge, CONTIE, Circuit Judge, and HORTON, District Judge.


PER CURIAM.

This case was dismissed on motion for summary judgment by defendant in the United States District Court for the Southern District of Ohio after a number of adjournments designed to give plaintiff an opportunity to make a showing by affidavit that plaintiff-appellant, Running Springs Associates, or its representative or agent, had given the notice required by Ohio Revised Code § 1302.65(C). See also Uniform Commercial Code 2-607.

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