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JIMSCO, INC. v. CITY OF HUBER HEIGHTS

C.A. Case No. 22948.

2009 Ohio 2069

Jimsco, Inc. dba Taylorsville Road Hardfill, Plaintiff-Appellant, v. City of Huber Heights, Ohio, Defendant-Appellee.

Court of Appeals of Ohio, Montgomery County.

Rendered on May 1, 2009.

Attorney(s) appearing for the Case

Michael P. Mcnamee, Atty. Reg. No.0043861; Gregory B. O'Connor, Atty. Reg. No. 0077901, 2625 Commons Blvd., Beavercreek, Oh 45431-3704, Attorneys for Plaintiff-Appellant.

Gregory S. Page, Atty. Reg. No.0065264, 2700 Kettering Tower, 40 N. Main Street, Dayton, Oh 45423-0339, Attorney for Defendant-Appellee.

OPINION

GRADY, J.

{¶ 1}This is an appeal from a final judgment of the court of common pleas in favor of the defendant on the plaintiff's claim for relief for breach of contract, following a trial to the bench.

{¶ 2} Plaintiff, Jimsco, Inc. ("Jimsco"), owned and operated a recycling facility called the Taylorsville Road Hardfill. ("Hardfill"). The facility is in Huber Heights, and is adjacent to a wellfield for...

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