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MP STAR v. CLEVELAND STATE UNIV.

No. 2004-1466.

107 Ohio St.3d 176 (2005)

2005-Ohio-6183

MP STAR FINANCIAL, INC., APPELLANT, v. CLEVELAND STATE UNIVERSITY, APPELLEE.

Supreme Court of Ohio.

Decided December 7, 2005.

Attorney(s) appearing for the Case

Climaco, Lefkowitz, Peca, Wilcox & Garofoli Co., L.P.A., David M. Cuppage, and Scott D. Simpkins, for appellant.

Jim Petro, Attorney General of Ohio, Douglas R. Cole, State Solicitor, Stephen P. Carney, Senior Deputy Solicitor, and Randall W. Knutti, Assistant Attorney General, for appellee.

Levinson, Arshonsky & Kurtz, L.L.P., and Steven N. Kurtz, urging reversal for amicus curiae, International Factoring Association.

MOYER, C.J.

{¶ 1} This case requires us to decide whether R.C. 1309.406(A) applies to payments made by an account debtor that is a governmental unit. R.C. 1309.109(D)(14) states, "This chapter does not apply to * * * [a] transfer by a government, state, or governmental unit."

{¶ 2} The complaint alleges that Metro Minority Enterprises, Inc., d.b.a. Metro Temps...

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