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CITY OF CONNEAUT v. ALLEGHENY SUR. CO.

No. 97-A-0012.

128 Ohio App.3d 724 (1998)

CITY OF CONNEAUT; John Fithian Contracting Company et al.; United States Department of Labor, Wage and Hour Division, Appellant, v. ALLEGHENY SURETY COMPANY, Appellee.

Court of Appeals of Ohio, Eleventh District, Ashtabula County.

Decided June 29, 1998.

Attorney(s) appearing for the Case

Emily M. Sweeney, United States Attorney, and Michael Anne Johnson, Assistant United States Attorney, for appellant.

Charles M. Diamond Co., L.P.A., and Peter S. Liviola, for appellee.

FORD, Presiding Judge.

This is an appeal from the Ashtabula County Court of Common Pleas. Appellant, the United States Department of Labor, Wage and Hour Division ("USDL"), appeals from a judgment entry overruling its motion for summary judgment and granting the motion for summary judgment of appellee, Allegheny Surety Company.

The following facts are not generally in dispute and are taken largely from the...

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