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BAILEY LUMBER CO. v. OHIO DEPT. OF NATURAL RESOURCES

No. 91AP-1074.

79 Ohio App.3d 434 (1992)

BAILEY LUMBER COMPANY, Appellant, v. OHIO DEPARTMENT OF NATURAL RESOURCES et al., Appellees.

Court of Appeals of Ohio, Franklin County.

Decided April 30, 1992.

Attorney(s) appearing for the Case

Rand, Gurley, Hanahan & Lyons and James M. Lyons, for appellant.

Lee Fisher, Attorney General, and Peter D. Patitsas, Assistant Attorney General, for appellee Ohio Department of Development.

Lee Fisher, Attorney General, and Teri Jo Ravetto, Assistant Attorney General, for appellee Ohio Department of Natural Resources.

BOWMAN, Judge.

In July 1990, appellant, Bailey Lumber Company, initiated this action in the Ohio Court of Claims, seeking recovery based upon a sworn statement for a lien on funds payable to a contractor for public work. Appellant's claim arose out of its agreement to supply materials necessary for the performance by the Quintana Construction Company ("Quintana") of a contract with the Ohio Department of Natural Resources ("ODNR") to build a concession stand at Lake...

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