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BOYAS EXCAVATING, INC. v. POWERSCREEN OF OHIO

No. 76848.

139 Ohio App.3d 201 (2000)

BOYAS EXCAVATING, INC., Appellant, v. POWERSCREEN of OHIO, INC. et al., Appellees.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Decided October 2, 2000.

Attorney(s) appearing for the Case

Mansour, Gavin, Gerlack & Manos Co., L.P.A., Bruce G. Rinker and Bradford J. Patrick, for appellant.

Smith & Coiner and James D. Coiner, for appellee Powerscreen of Ohio, Inc.

Seeley, Savidge & Ebert Co., L.P.A., and Keith A. Savidge, for appellees Simplicity Engineering, Inc., n.k.a. Powerscreen International Dist., Limited, f.n.a. Powerscreen International Limited; and Powerscreen, USA, LLC.

Cullen Law Firm Ltd. and James P. Cullen, for appellee Superior Industries.

McCarthy, Palmer, Volkema & Thomas and Dennis M. McCarthy, for appellee Superior Industries.

Elleman & Newcome and Ronald E. Newcome, for appellee Powerscreen of Ohio, Inc.

PORTER, Judge.

Plaintiff-appellant Boyas Excavating, Inc. appeals from the summary judgment entered in favor of defendants-appellees Powerscreen of Ohio, Inc. et al., arising out of Boyas's claim that defendants designed and delivered a defective piece of heavy equipment used in Boyas's quarrying business. Plaintiff claims that disputed issues of material fact precluded summary judgment. We find merit to the appeal...

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