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COLUMBIA GAS OF OHIO, INC. v. COLUMBUS ASPHALT PAVING, INC.

No. 2004 CVF 031877.

142 Ohio Misc.2d 88 (2005)

2005-Ohio-7163

COLUMBIA GAS OF OHIO, INC., Plaintiff, v. COLUMBUS ASPHALT PAVING, INC., Defendant; Reliant Services, L.L.C., Third-Party Defendant.

Franklin County Municipal Court, Columbus, Ohio.

Decided October 31, 2005.

Attorney(s) appearing for the Case

Daniel J. Igoe and Stephen L. Hebenstreit, for plaintiff.

Donald B. Leach Jr., and Priya J. Bathija, for defendant.

Matthew C. Krejel and John M. Hands, for third-party defendant Reliant Services, L.L.C.

DORRIAN, Judge.

I. Summary of Complaint, Counterclaim and Third Party Complaint

A. Columbia's Complaint against Columbus Asphalt Paving

{¶ 1} On August 10, 2004, Columbia Gas of Ohio ("Columbia") filed a complaint against Columbus Asphalt Paving ("CAP"). On October 5, 2004, Columbia filed an amended complaint against CAP. The complaint against CAP alleges:

Negligence: While performing underground excavations under contract...

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