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ROGER J. AU & SON, INC. v. NORTHEAST OHIO REGIONAL SEWER DIST.

Nos. 49976, 49977, 49986 and 49987.

29 Ohio App. 3d 284 (1986)

ROGER J. AU & SON, INC. ET AL., APPELLANTS, v. NORTHEAST OHIO REGIONAL SEWER DISTRICT ET AL., APPELLEES.

Court of Appeals of Ohio, Cuyahoga County.

Decided April 7, 1986.

Attorney(s) appearing for the Case

Baran & Baran and Edward C. Baran, for appellant Roger J. Au & Son, Inc.

Arter & Hodden, Hugh M. Stanley, Jr., and Barry J. Miller, for appellant Aetna Casualty & Surety Co.

Squire, Sanders & Dempsey, Thomas S. Kilbane and George M. von Mehren; William B. Schatz and Paul T. Murphy, for appellee Northeast Ohio Regional Sewer Dist.

McNeal, Schick, Archibald & Biro and Albert J. Biro, for appellee Euthenics, Inc.-Polytech, Inc.

NAHRA, J.

Appellants, Roger J. Au & Son, Inc. ("Au") and Aetna Casualty & Surety Company ("Aetna"), seek reversal of an entry granting appellee Northeast Ohio Regional Sewer District ("NORSD") partial summary judgment on certain claims of Au. For the reasons set forth herein, we reverse the judgment of the trial court and remand the portion of the case before us for disposition consistent with this opinion.

Viewing the evidence in a light most favorable...

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