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XXL OF OHIO, INC. v. CITY OF BROADVIEW HEIGHTS

No. 1:01 CV 2514.

341 F.Supp.2d 825 (2004)

XXL OF OHIO, INC. Plaintiff v. CITY OF BROADVIEW HEIGHTS, et al. Defendants/Third-Party Plaintiffs v. SCOTTSDALE INDEMNITY COMPANY Third-Party Defendant

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

October 20, 2004.

Attorney(s) appearing for the Case

Douglas J. Maragas, Bend, OR, Paul A. Mastriacovo, Canton, OH, for Plaintiff.

Kevin P. Weiler, Sr., Weiler & Associates, Brecksville, OH, Carl E. Cormany, Mazanec, Raskin & Ryder, Solon, OH, James A. Climer, Robert F. Cathcart, IV, Mazanec, Raskin & Ryder, Cleveland, OH, for Defendants.

Kevin P. Weiler, Sr., Weiler & Associates, Brecksville, OH, Robert F. Cathcart, IV, Mazanec, Raskin & Ryder, Cleveland, OH, for Third Party Plaintiff.

Carl E. Cormany, Mazanec, Raskin & Ryder, Solon, OH, Timothy D. Johnson, Weston, Hurd, Fallon, Paisley & Howley, Cleveland, OH, for Third Party Defendant.

MEMORANDUM OF OPINION AND ORDER

MATIA, Chief Judge.

The salient facts in this matter were set forth in the magistrate judge's Report and Recommendation (Doc. 127), and this Court will not repeat them. Defendants/Third-Party Plaintiffs (referred to collectively hereinafter as "the city") are seeking (1) to hold Third-Party Defendant Scottsdale Indemnity Company ("Scottsdale") liable to indemnify the city for the

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