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TRAVELERS INDEMN. CO. v. ZUMSTEIN MGT. CO.

No. CA2008-06-010.

2009 Ohio 789

The Travelers Indemnity Company, Plaintiff-Appellant, v. Zumstein Management Company, Defendant-Appellee.

Court of Appeals of Ohio, Twelfth District, Preble County.

February 23, 2009.

Attorney(s) appearing for the Case

Bieser, Greer & Landis, LLP, Leo F. Krebs, 400 National City Center, 6 North Main Street, Dayton, OH 45402, for plaintiff-appellant.

Pickrel, Schaeffer, & Ebeling, Co., LPA, Andrew C. Storar, 2700 Kettering Tower, 40 North Main Street, Dayton, OH 45423, for defendant-appellee.

OPINION

YOUNG, J.

{¶1} Plaintiff-appellant, The Travelers Indemnity Company, appeals a decision of the Preble County Court of Common Pleas, awarding summary judgment to defendant-appellee, Zumstein Management Company, on Travelers' breach of contract claim.

{¶2} The parties stipulated to the following facts in the summary judgment proceedings:

{¶3} "1. [Zumstein Management Company] is...

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