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INTERCARGO INS. CO. v. MUN. PIPE CONTRS.

No. 02CVH-04-3817.

127 Ohio Misc.2d 48 (2003)

2003-Ohio-7363

INTERCARGO INSURANCE COMPANY v. MUNICIPAL PIPE CONTRACTORS, INC. et al.

Court of Common Pleas of Ohio, Civil Division, Franklin County.

Decided November 18, 2003.

Attorney(s) appearing for the Case

Williams & Petro Co., LLC, and John J. Petro, for plaintiff.

Santen & Hughes and J. Robert Linneman, for defendant Barrett Paving Materials, Inc.

Raymond L. Beebe, for defendants Municipal Pipe Contractors, Inc., Thomas J. Hughes, and Rebecca S. Hughes.

Jim Petro, Attorney General, and Mark E. Hayes, Assistant Attorney General, Transportation Section, for defendant Ohio Department of Transportation.

DAVID W. FAIS, Judge.

I. PROCEDURAL BACKGROUND

{¶ 1} This matter is before the court pursuant to defendant Barrett Paving Materials, Inc.'s ("Barrett") motion for summary judgment filed March 20, 2003. Plaintiff Intercargo Insurance Company ("Intercargo") filed its motion for summary judgment on March 22, 2003. Barrett filed its memorandum contra Intercargo's motion for summary judgment on April 21,...

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