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DOTY v. FELLHAUER ELEC., INC.

No. OT-07-023.

175 Ohio App.3d 681 (2008)

2008-Ohio-1294

DOTY et al., Appellants and Cross-Appellees, v. FELLHAUER ELECTRIC, INC., et al., Appellees and Cross-Appellants.

Court of Appeals of Ohio, Sixth District, Ottawa County.

Decided March 21, 2008.

Attorney(s) appearing for the Case

Randall S. Rabe and Kenneth T. Levine, for appellants and cross-appellees.

Allen L. Rutz and William D. Kloss, Jr., for appellee and cross-appellant Intermatic, Inc.

PIETRYKOWSKI, Presiding Judge.

{¶ 1} This case is an interlocutory appeal of the May 15, 2007, and November 20, 2006 judgment entries of the Ottawa County Court of Common Pleas, which dismissed appellants and cross-appellees' claims for breach of implied warranty against appellee and cross-appellant, Intermatic, Inc. Because we find that the trial court erroneously dismissed appellants' claim for damages to real property, we reverse.

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