TEXAUS INV. CORP., N.V. v. HAENDIGES

No. 84-3119.

761 F.2d 252 (1985)

TEXAUS INVESTMENT CORP., N.V., Plaintiff-Appellant, v. Roger M. HAENDIGES; Lee Haendiges; Hayes Corp.; The City of Cleveland; Building Commissioner, City of Cleveland; and Chief Building Inspector, City of Cleveland, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 26, 1985.


Attorney(s) appearing for the Case

Morton Q. Levin (argued), Mark Ross Greenfield, Levin & Associates, Co., L.P.A., Cleveland, Ohio, for plaintiff-appellant.

Janet Burney (argued), Michael F. Waiwood, Donald P. McFadden, Cleveland, Ohio, for defendants-appellees.

Before LIVELY, Chief Judge, KEITH, Circuit Judge; and BROWN, Senior Circuit Judge.


BAILEY BROWN, Senior Circuit Judge.

In this diversity action we are asked to determine whether, under the circumstances presented here, the courts of Ohio would impose liability on a municipality based on its building inspectors' negligent failure to properly inspect a building site. The district court held that, since there was no special relationship creating a municipal duty to exercise care for the benefit of plaintiffs, Ohio courts would hold that no liability...

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