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VP CONSOLIDATED HOLDINGS, INC. v. HUNT

Court of Appeals No. E-08-025, Trial Court No. 2005-CV-838.

2009 Ohio 1129

VP Consolidated Holdings, Inc., Appellant/Appellee, v. Robert S. Hunt, Appellant, and Travelers Casualty & Surety Company of America and Mosser Construction, Inc., Appellees.

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

Decided: March 6, 2009.

Attorney(s) appearing for the Case

Dennis E. Murray, Jr., Jeremy S. Sharon and Curtis L. Brown, for appellant/appellee VP Consolidated Holdings, Inc.; Martin D. Koop and Brent T. Howard, for appellant Robert S. Hunt.

Roger L. Sabo, for appellees.

DECISION AND JUDGMENT

SKOW, J.

{¶ 1} This appeal comes to us from a judgment entered by the Erie County Court of Common Pleas, regarding claims for payment for materials furnished in the construction of a public improvement project. Because we conclude the trial court erred in granting summary judgment in favor of appellees, Mosser Construction Inc. ("Mosser") and Travelers Casualty & Surety Company of America...

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