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BOMBARDIER CAPITAL, INC. v. W.W. CYCLES,INC.,

No. 02 CA 44.

155 Ohio App.3d 484 (2003)

2003-Ohio-6716

BOMBARDIER CAPITAL, INC., Plaintiff, v. W.W. CYCLES, INC., d.b.a. Andrews Honda-Suzuki et al., Defendants/Third-Party Plaintiffs-Appellants, v. Bombardier Motor Corporation of America, Third-Party Defendant-Appellee. Inc.,

Court of Appeals of Ohio, Seventh District, Mahoning County.

Decided December 12, 2003.

Attorney(s) appearing for the Case

Guy, Lammert & Towne and E. Jane Taylor, for plaintiff.

Roth, Blair, Roberts, Strasfeld & Lodge and David S. Barbee, for defendants/third-party plaintiffs-appellants.

Ulmer & Berne L.L.P., Kenneth A. Bravo and Elizabeth A. Harvey, for thirdparty defendant-appellee.

WAITE, Presiding Judge.

{¶ 1} This appeal revolves around whether the trial court prematurely granted summary judgment in a contract dispute. Appellant W.W. Cycles, Inc. ("W.W. Cycles") filed a third-party complaint in the Mahoning County Court of Common Pleas alleging breach of contract. The third-party defendant-appellee, Bombardier Motor Corporation of America ("Bombardier Motor"), filed a motion for summary judgment. The Court Administrator of the Mahoning...

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