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CNH CAPITAL v. JANSON EXCAVATING, INC.

No. C060465.

171 Ohio App.3d 694 (2007)

2007-Ohio-2127

CNH CAPITAL v. JANSON EXCAVATING, INC. et al.; Owners Insurance Company, Appellee, v. Ohio Casualty Insurance Co., Appellant.

Court of Appeals of Ohio, First District, Hamilton County.

Decided May 4, 2007.

Attorney(s) appearing for the Case

Freund, Freeze & Arnold and John G. Witherspoon, Jr., for appellee.

Droder & Miller Co., L.P.A., and Richard J. Rinear, for appellant.

LEE H. HILDEBRANDT JR., Judge.

{¶ 1} In one assignment of error, Ohio Casualty Insurance Company contends that the trial court erred by entering summary judgment in favor of Owners Insurance Company and in denying Ohio Casualty's cross-motion for summary judgment. We reverse and remand this case for further proceedings consistent with this decision.

{¶ 2} Ohio Casualty and Owners both insured a piece of machinery called...

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