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RICHARDS v. GOLD CIRCLE STORES

No. 85AP-274.

28 Ohio App. 3d 39 (1986)

RICHARDS v. GOLD CIRCLE STORES, DIVISION OF FEDERATED DEPARTMENT STORES, INC., APPELLANT, ET AL.; SIX INDUSTRIES, INC. ET AL., APPELLEES.

Court of Appeals of Ohio, Franklin County.

Decided February 4, 1986.

Attorney(s) appearing for the Case

Gayton, Tilton & Endres, Charles W. Gayton and John Wile, for Daniel R. Richards.

Knepper, White, Arter & Hadden, Louis E. Gerber and Judith E. Trail, for Gold Circle Stores.

Porter, Wright, Morris & Arthur and Craig D. Barclay, for Columbia Gas.

Robert E. Frost & Associates, Robert E. Frost and Thomas J. Broschak, for Six Industries, Inc. et al.

WHITESIDE, J.

Defendant and third-party plaintiff, Gold Circle Stores, appeals from a judgment of the Franklin County Court of Common Pleas finding its third-party claim against Six Industries, Inc. to be barred by R.C. 2305.131, even though predicated upon an express contract of indemnity. The trial court made requisite Civ. R. 54(B) findings. In support of its appeal, Gold Circle raises two assignments of error as follows:

"1. The lower court erred in sustaining...

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