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DYWIDAG SYS. INTERNATL., USA, INC. v. OHIO DEPT. OF TRANSP.

No. 10AP-270.

2010 Ohio 3211

Dywidag Systems International, USA, Inc., Plaintiff-Appellant, v. Ohio Department of Transportation, Defendant-Appellee, (Insteel Wire Products Company, Third-Party Defendant-Appellee).

Court of Appeals of Ohio, Tenth District, Franklin County.

Rendered on July 8, 2010.

Attorney(s) appearing for the Case

Marshall & Melhorn, LLC, Thomas W. Palmer and John A. Borell, Jr., for appellant.

Porter Wright Morris & Arthur LLP, David P. Shouvlin, Kathleen M. Trafford, and Ryan P. Sherman, for appellee.

DECISION

CONNOR, J.

{¶1} Plaintiff-appellant, Dywidag Systems International, USA, Inc. ("appellant" or "DSI"), has appealed the decision of the Court of Claims of Ohio, which granted third-party defendant-appellee, Insteel Wire Products Company's ("appellee" or "Insteel"), motion for summary judgment, thereby eliminating appellee as a party to the case. Appellee filed a motion to dismiss, requesting the issuance of an order dismissing the...

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