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STATE, EX REL. DINNEEN EXCAVATING CO., v. SYKES

No. 87-344.

40 Ohio St. 3d 84 (1988)

THE STATE, EX REL. DINNEEN EXCAVATING COMPANY, INC.; GEMMA, INC. ET AL., APPELLEES, v. SYKES, DIR., APPELLANT, ET AL.

Supreme Court of Ohio.

Decided December 14, 1988.

Attorney(s) appearing for the Case

Cavitch, Familo & Durkin and Ralph E. Cascarilla, for appellee Gemma, Inc.

Murphey, Young & Smith and Glenn W. Myers, for appellee Price Brothers Co.

Anthony J. Celebrezze, Jr., attorney general, Diane Goss Paynter and Richard A. Green, for appellant.

HOLMES, J.

The pertinent law is set forth in R.C. 1311.26 through 1311.32.

R.C. 1311.26 provides that any subcontractor who has performed labor or furnished material for the construction of any public building provided for in a contract may file with the owner or agent thereof (here, the director) a sworn and itemized statement of the amount and value of labor and materials furnished, stating when the last of each was furnished.

R.C. 1311.28 provides...

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