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ASPHALT SPECIALIST, INC. v. OHIO DEPT. OF TRANSP.

No. 87AP-914.

53 Ohio App. 3d 45 (1988)

ASPHALT SPECIALIST, INC., APPELLANT, v. OHIO DEPARTMENT OF TRANSPORTATION, APPELLEE.

Court of Appeals of Ohio, Franklin County.

Decided September 13, 1988.

Attorney(s) appearing for the Case

Climaco, Climaco, Seminatore, Lefkowitz & Garofoli Co., L.P.A., Anthony J. Garofoli and Robert R. Lucarelli, for appellant.

Anthony J. Celebrezze, Jr., attorney general, Michael L. Squillace and Ronald H. Snyder, for appellee.

BOWMAN, J.

This controversy arose when, pursuant to R.C. 5525.17, the Director of the Ohio Department of Transportation ("ODOT") relieved appellant, Asphalt Specialist, Inc., from control and supervision of a highway repair project for failing to correct deficient work. R.C. 5525.17 provides in pertinent part:

"If a contractor has not commenced his work within a reasonable time, or does not carry the same forward with reasonable progress, or is improperly...

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