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ZAREMBA v. MARVIN LUMBER AND CEDAR CO.

No. 1:04CV1647.

458 F.Supp.2d 545 (2006)

Walter ZAREMBA, Plaintiff, v. MARVIN LUMBER AND CEDAR COMPANY, Defendant.

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

October 16, 2006.

Attorney(s) appearing for the Case

Robert W. Mclntyre, Saber W. Vandetta, Mclntyre, Kahn & Kruse, Cleveland, OH, for Plaintiff.

Craig S. Krummen, Christianna L. Finnern, Donald J. Brown, Winthrop & Weinstine, Minneapolis, MN, Gary W. Johnson,

Weston Hurd, Cleveland, OH, for Defendant.

OPINION AND ORDER

BOYKO, District Judge.

This matter comes before the Court upon the Plaintiffs Motion (ECF DKT # 118) for Partial Summary Judgment and Defendant's Motion (ECF DKT #53) to Dismiss, or in the alternative, for Summary Judgment. For the reasons that follow, Plaintiffs motion is denied and Defendant's motion is granted.

I. FACTUAL BACKGROUND

In November of 1994, Walter Zaremba ("Zaremba") ordered windows, doors...

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