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MACK CONSTR. DEV. CORP. v. AUSTIN SMITH CONSTR.

No. CA89-03-042.

65 Ohio App.3d 402 (1989)

MACK CONSTRUCTION DEVELOPMENT CORPORATION, Appellant, v. AUSTIN SMITH CONSTRUCTION COMPANY et al.; State Auto Insurance Companies, Appellee.

Court of Appeals of Ohio, Butler County.

Decided November 27, 1989.

Attorney(s) appearing for the Case

Rathman, Combs, Schaefer & Kaup and Gene E. Schaefer, for appellant.

McNamara & McNamara and J. Paul McNamara, for appellee.

Per Curiam.

Plaintiff-appellant, Mack Construction Development Corporation ("Mack"), appeals from a summary judgment granted by the Butler County Court of Common Pleas. The summary judgment was based upon the trial court's finding that Mack lacked capacity to sue since its corporate charter had been cancelled.

Mack contracted with defendant, Austin Smith Construction Company ("Austin Smith"), for Mack to supply labor and materials on a construction...

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