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ILLUM. CO. v. RIVERSIDE RACQUET CLUB, LTD.

No. 85759.

165 Ohio App.3d 153 (2005)

2005-Ohio-5548

The ILLUMINATING COMPANY, Appellant and Cross-Appellee, v. RIVERSIDE RACQUET CLUB, LTD., Appellee and Cross-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Decided October 20, 2005.

Attorney(s) appearing for the Case

Weltman, Weinberg & Reis Co., L.P.A., Donald A. Mausar, and Andrew C. Voorhees, for appellant and cross-appellee.

McIntyre, Kahn & Kruse Co., L.P.A., Thomas M. Horwitz, and Robert W. McIntyre, for appellee and cross-appellant.

KENNETH A. ROCCO, Judge.

{¶ 1} Plaintiff-appellant, The Illuminating Company ("IC"), appeals from a common pleas court order granting summary judgment for defendant-appellee, Riverside Racquet Club, Ltd., on the ground that IC's claims were barred by res judicata. Riverside has cross-appealed the court's denial of its motion to deem facts admitted. For the following reasons, we find that genuine issues of material fact precluded the common pleas...

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