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WAGNER-SMITH CO. v. DYSON ELECTRIC CO.

No. 8359.

14 Ohio App. 3d 447 (1984)

WAGNER-SMITH COMPANY, APPELLANT, v. DYSON ELECTRIC CO., INC. ET AL., APPELLEES.

Court of Appeals of Ohio, Montgomery County.

Decided March 23, 1984.

Attorney(s) appearing for the Case

Mr. John T. Ducker, for appellant.

Mr. Richard J. Bannister, for appellee Booker T. Rutledge and Son.

Mr. Douglas K. Ferguson, for appellee Ohio Casualty Ins. Co.

WEBER, J.

This appeal results from a judgment of the Montgomery County Common Pleas Court wherein plaintiff's complaint was dismissed with prejudice and summary judgment was entered in favor of the defendants, Booker T. Rutledge and Son and the Ohio Casualty Insurance Company. Plaintiff, Wagner-Smith Company, has appealed this determination.

The facts in this case are not in dispute. On September 3, 1980, Booker T. Rutledge and Son contracted with the city...

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