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MONTGOMERY v. TENNECO AUTOMOTIVE OPERATING, INC.

No. E-08-076.

183 Ohio App.3d 164 (2009)

2009-Ohio-3394

MONTGOMERY, Appellant, v. TENNECO AUTOMOTIVE OPERATING, INC. et al., Appellee.

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

Decided July 10, 2009.

Attorney(s) appearing for the Case

Christopher S. Clark, for appellant.

Michael Williams and Jennie K. Ferguson, for appellee.

PIETRYKOWSKI, Judge.

{¶ 1} This case is before the court on appeal from the November 20, 2008 judgment of the Erie County Court of Common Pleas denying plaintiff-appellant Rick E. Montgomery's motion for relief from judgment pursuant to Civ.R. 60(B)(5). For the reasons set forth herein, we reverse.

{¶ 2} The facts of this case are as follows. On December 4, 2002, appellant filed a complaint against appellee, Tenneco Automotive...

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