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BOOTH v. DUFFY HOMES, INC.

No. 2008-2258.

121 Ohio St.3d 358 (2009)

2009-Ohio-1392

BOOTH ET AL., Appellants, v. DUFFY HOMES, INC., Appellee.

Supreme Court of Ohio.

Decided April 1, 2009.

Attorney(s) appearing for the Case

Fusco, Mackey, Mathews & Gill, L.L.P., and Michael J. Fusco, for appellants.

Zeiger, Tigges & Little, L.L.P., John W. Zeiger, Stuart G. Parsell, and Matthew S. Zeiger, for appellee.

{¶ 1} The discretionary appeal is accepted on Proposition of Law No. I.

{¶ 2} The cause is remanded to the court of appeals for consideration of whether the court of appeals' judgment should be modified in view of our opinion in Martin v. Design Constr. Servs., Inc., 121 Ohio St.3d 66, 2009-Ohio-1, 902 N.E.2d 10.

MOYER, C.J., and LUNDBERG STRATTON, O'CONNOR, O'DONNELL, and...

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