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GIBBS v. MONTGOMERY COUNTY AGRICULTURAL SOCIETY

No. C-3-99-342.

140 F.Supp.2d 835 (2001)

Wayne D. GIBBS, Plaintiff, v. MONTGOMERY COUNTY AGRICULTURAL SOCIETY, Defendant.

United States District Court, S.D. Ohio, Western Division.

March 12, 2001.

Attorney(s) appearing for the Case

John Randolph Folkerth, Jr., Dayton, OH, for plaintiff.

John Robert Doll, Logothetis Pence and Doll, Dayton, OH, for defendant.

DECISION AND ENTRY SUSTAINING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOC. # 13), INSOFAR AS SAID MOTION IS DIRECTED TOWARD COUNT I OF PLAINTIFF'S COMPLAINT AND STATE-LAW CLAIMS IN COUNTS II AND III BASED ON PLAINTIFF'S FAILURE TO RECEIVE OVERTIME PAY; STATE-LAW CLAIMS IN COUNTS II AND III BASED ON DEFENDANT'S ALLEGED RETALIATION AGAINST PLAINTIFF ARE DISMISSED, WITHOUT PREJUDICE TO REFILING IN STATE COURT OF COMPETENT JURISDICTION; JUDGMENT TO BE ENTERED IN FAVOR OF DEFENDANT...

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