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DIAMOND WINE & SPIRITS, INC. v. DAYTON HEIDELBERG

No. 1-01-153.

148 Ohio App.3d 596 (2002)

2002-Ohio-3932

DIAMOND WINE & SPIRITS, INC., Appellee, v. DAYTON HEIDELBERG DISTRIBUTING CO., INC., Appellant; C&G Distributing Company, Inc., Appellee.

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

Decided August 2, 2002.

Attorney(s) appearing for the Case

David W. Alexander and Marc J. Kessler, for appellee.

Alfred J. Weisbrod and Dennis M. Fitzgerald, for appellant.

John M. Leahy, Roger Schantz and James F. Deleone, for third-party defendant-appellee.

WALTERS, Judge.

{¶ 1} Defendant-appellant, Dayton Heidelberg Distributing Co., Inc. ("Heidelberg"), brings this appeal from an Allen County Common Pleas Court decision granting summary judgment against it and dismissing its claims for misrepresentation, breach of contract-warranty, and indemnification against third-party defendant-appellee, C & G Distributing Company, Inc. ("C & G"). Upon review of the...

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