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OHIO ENVIRONMENTAL DEVELOP. v. ENVIROTEST SYSTEMS

No. 5:06-CV-742.

478 F.Supp.2d 963 (2007)

OHIO ENVIRONMENTAL DEVELOPMENT LIMITED PARTNERSHIP, Plaintiff, v. ENVIROTEST SYSTEMS CORP., Defendant.

United States District Court, N.D. Ohio.

March 14, 2007.

Attorney(s) appearing for the Case

Gregory J. Degulis, Stephen H. Daniels, Michael S. McMahon, McMahon, Degulis, Hoffmann & Blumenthal, Cleveland, OH, for Plaintiff.

Stephen W. Funk, Roetzel & Andress, Toledo, OH, Thomas M. Skove, Jr., Roetzel & Andress, Cleveland, OH, for Defendant.

ORDER & OPINION

GWIN, District Judge.

On October 20, 2006, Plaintiff Ohio Environmental Development Limited Partnership ("OEDLP") filed a First Amended Complaint alleging (1) breach of contract with regard to maintenance and repair obligations; and (2) breach of contract for failure to obtain consent for assignment. [Doc. 19.] On January 12, 2007, Defendant Envirotest Systems Corp. ("Envirotest") filed a Motion for Summary Judgment. [Doc. 38.] On February...

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