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COX PAVING, INC. v. INDELL CONSTRUCTION CORP.

No. 08CA11.

2009 Ohio 1383

Cox Paving, Inc., Plaintiff-Appellee, v. Indell Construction Corp., et al., Defendants-Appellants.

Court of Appeals of Ohio, Fourth District, Highland County.

DATE JOURNALIZED: March 12, 2009.

Attorney(s) appearing for the Case

Gary D. Ostendarp, Ely & True, 322 Main Street, Batavia, Ohio 45103, Attorney for Appellant.

John S. Porter, Rose & Dobyns Co., L.P.A., 212 E. Main Street, Blanchester, Ohio 45107, Attorney for Appellee.

DECISION AND JUDGMENT ENTRY

ABELE, J.

{¶ 1} This is an appeal from a Highland County Common Pleas Court judgment, entered after a bench trial, in favor of Cox Paving, Inc. (Cox), plaintiff below and appellee herein, on its claims against Indell Construction Corporation (Indell), defendant below and appellant herein.

{¶ 2} Appellant assigns the following error for review:

"THE TRIAL COURT ERRED TO THE PREJUDICE...

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