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COMPLETE GEN. CONSTR. CO. v. OHIO DEPT. OF TRANSP.

No. 82-02771.

62 Ohio Misc.2d 103 (1990)

COMPLETE GENERAL CONSTRUCTION COMPANY et al. v. OHIO DEPARTMENT OF TRANSPORTATION.

Court of Claims of Ohio.

Decided November 6, 1990.

Attorney(s) appearing for the Case

Joseph A. Brunetto, for plaintiffs.

Anthony J. Celebrezze, Jr., Attorney General, and Teri Jo Ravetto, Assistant Attorney General, for defendant.

FRED J. SHOEMAKER, Judge.

This case was tried by a referee appointed by the court. Plaintiffs' filed the following objections to the referee's report recommending judgment for defendant:

1. The sum withheld by ODOT represents a penalty;

2. The state, by its conduct, caused or substantially contributed to the failure of the concrete to meet the specification requirements;

3. The parties made...

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