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DZINA v. U.S.

No. 1:02 CV 2436.

345 F.Supp.2d 818 (2004)

Daniel A. DZINA, Plaintiff v. UNITED STATES of America, Defendant

United States District Court, N.D. Ohio. Eastern Division.

September 30, 2004.

Attorney(s) appearing for the Case

E. Roger Stewart, McCarthy Lebit Crystal & Liffman, Cleveland, OH, James E. Burns, Cleveland Heights, OH, Mark B. Cohn, McCarthy, Lebit, Crystal & Haiman, Cleveland, OH, Patrick J. Holland, Fairview Park, OH, for Plaintiff.

Richard C. Ambrow, Stephen A. Sherman, Washington, DC, for Defendant.

Scott D. Simpkins, Climaco Lefkowitz Peca Wilcox & Garofoli, Cleveland, OH, for Interested Party.

ORDER

OLIVER, District Judge.

Currently pending before the court is Plaintiff Daniel Dzina's ("Dzina") Motion for Summary Judgment (ECF No. 37). For the reasons set forth below, the Motion is denied.

I. FACTS

In December 1993, North Point Athletic Club II, Inc. ("NorthPoint"), an S-corporation wholly owned by Plaintiff Dzina, purchased property located at 18909 South Miles Road, Warrensville Heights, Ohio ("Miles Property"). In previous...

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