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MARK-IT PLACE FOODS, INC. v. NEW PLAN

No. 02CA2863.

156 Ohio App.3d 65 (2004)

2004-Ohio-411

MARK-IT PLACE FOODS, INC., d.b.a. Festival Foods, Appellant and Cross-Appellee, v. NEW PLAN EXCEL REALTY TRUST, INC. et al., Appellees and Cross-Appellants.

Court of Appeals of Ohio, Fourth District, Scioto County.

Decided January 26, 2004.

Attorney(s) appearing for the Case

Stanley C. Bender, for appellant and cross-appellee Mark—It Place Foods, Inc., d.b.a. Festival Foods.

Miller, Searl Day, Ketterer, Raley, Wright & Rybolt, Ltd., James K. Brooker and Robert J. McBride, for appellant Fleming Companies, Inc.

Satzberg, Trichon, Kogan & Wertheimer, P.C., Mark E. Kogan and Christopher N. Jones; and Ruggiero & Haas and Daniel P. Ruggiero, for appellee and cross-appellant New Plan Excel Realty Trust, Inc.

PETER B. ABELE, Judge.

{¶ 1} This is an appeal from several Scioto County Common Pleas Court judgments that resolved various claims between Mark—It Place Foods, Inc., d.b.a. Festival Foods ("Festival"), plaintiff below and appellant herein, Fleming Companies, Inc. ("Fleming"), defendant below and appellant herein, and New Plan Excel Realty Trust, Inc. ("New Plan"), defendant below and cross-appellant herein. Festival assigned the following errors for our...

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