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

Nos. 2004 CVF 031877, 2004 CVF 052078 and 2005 CVE 019575.

142 Ohio Misc.2d 101 (2006)

2006-Ohio-7304

COLUMBIA GAS OF OHIO, INC., Plaintiff, v. COLUMBUS ASPHALT PAVING, INC., Defendant and Third-Party Plaintiff; Westerville et al., Third-Party Defendants.

Franklin County Municipal Court.

Decided August 14, 2006.

Attorney(s) appearing for the Case

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

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

Kyle J. Stroh and Michael K. Fultz, for third-party defendant city of Westerville.

DORRIAN, Judge.

{¶ 1} For the reasons outlined below, the court denies the city of Westerville's motion for judgment on the pleadings.

I. Summary of Complaint, Counterclaim, and Third-Party Complaints

{¶ 2} Columbia Gas of Ohio's original complaint and amended complaint against Columbus Asphalt Paving ("CAP") are summarized in this court's entry and decision filed...

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