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POENISCH v. KINGSLEY-DUNBAR, INC.

No. 89AP-415.

64 Ohio App.3d 699 (1990)

POENISCH, Trustee, et al., Appellees, v. KINGSLEY-DUNBAR, INC. et al., Appellees; Ohio Division of Public Works, Appellant.

Court of Appeals of Ohio, Franklin County.

Decided January 16, 1990.

Attorney(s) appearing for the Case

Kagay, Albert & Diehl and Jon R. Philbrick, for plaintiffs-appellees.

Feinstein, Crowley, Fusco & Mulligan and David Ison, for defendant-appellee Kingsley-Dunbar, Inc.

Anthony J. Celebrezze, Jr., Attorney General, and Theodore Scott, Jr., for appellant.

JOSEPH D. KERNS, Judge.

Defendant, state of Ohio, Department of Administrative Services, Division of Public Works ("state"), appeals from a judgment of the Franklin County Common Pleas Court awarding plaintiff, Judith Ann Poenisch, Trustee of the Barbara M. Brant Trust, money pursuant to a lien plaintiff filed on public funds. Defendant-state raises the following assignments of error:

"1. The trial judge improperly...

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