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IMMEDIATE PHARMACEUTICAL SERV., INC. v. SUPERIOR METAL PRODUCTS

No. 1-99-40.

134 Ohio App.3d 748 (1999)

IMMEDIATE PHARMACEUTICAL SERVICES, INC., Appellant, v. SUPERIOR METAL PRODUCTS, INC. EMPLOYEE BENEFITS TRUST, Appellee.

Court of Appeals of Ohio, Third District, Allen County.

Decided September 15, 1999.

Attorney(s) appearing for the Case

Thompson, Hine & Flory, L.L.P., Michael J. Holleran and Brian T. Johnson, for appellant.

Schottenstein, Zox & Dunn, James E. Davidson and Daniel W. Srsic, for appellee.

SHAW, Judge.

Immediate Pharmaceutical Services, Inc. ("IPS") appeals the judgment of the Court of Common Pleas of Allen County, granting a motion to dismiss filed by Superior Metal Products, Inc. Employee Benefits Trust ("Superior Trust").

Superior Metal Products, Inc. ("Superior Metal") is a manufacturing company located in Lima, Ohio. As a means of providing health benefits to its employees, Superior Metal established a benefits trust, defendant Superior...

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