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WARREN CONCRETE & SUPPLY, INC. v. STROHMEYER CONTRACTING, INC.

No. 2010-T-0004.

2010 Ohio 5395

Warren Concrete and Supply, Inc., Plaintiff-Appellant, v. Strohmeyer Contracting, Inc., Defendant-Appellee.

Court of Appeals of Ohio, Eleventh District, Trumbull County.

November 5, 2010.

Attorney(s) appearing for the Case

Michael J. McGee and Matthew G. Vansuch, Harrington, Hoppe & Mitchell, Ltd., 108 Main Avenue, S.W., #500, P.O. Box 1510, Warren, OH 44481 (For Plaintiff-Appellant).

James R. Scher, Burkey, Burkey & Scher Co., L.P.A., 200 Chestnut Avenue, N.E., Warren, OH 44483 (For Defendant-Appellee).

OPINION

CYNTHIA WESTCOTT RICE, J.

{¶1} Warren Concrete & Supply Co., appellant herein, appeals from the judgment of the Trumbull County Court of Common Pleas adopting the magistrate's decision awarding judgment in favor of appellee, Strohmeyer Contracting, Inc. For the reasons discussed in this opinion, we hold the trial court did not abuse its discretion and affirm.

{¶2} In the summer of 2004, Gregory Strohmeyer...

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