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PESEC v. ROTO-DIE, INC.

No. 96775.

2011 Ohio 6288

Joseph Pesec, Plaintiff-Appellant, v. Roto-Die, et al., Defendants-Appellees.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED AND JOURNALIZED: December 8, 2011.

Attorney(s) appearing for the Case

Matthew Gilmartin , P.O. Box 939, North Olmsted, Ohio 44070, Carol Jackson , 3900 Cullen Drive, Cleveland, Ohio 44105, Attorneys for Appellant.

Mark E. Avsec , Matthew D. Gurbach , Lori H. Welker , Benesch, Friedlander, Coplan, Aronoff, LLP, 200 Public Square, Suite 2300, Cleveland, Ohio 44114-2378, Attorneys for Appellees.

Before: Kilbane, A.J., Sweeney, J., and Cooney, J.

JOURNAL ENTRY AND OPINION

MARY EILEEN KILBANE, A.J.

{¶ 1} Plaintiff-appellant, Joseph Pesec, appeals from the order of the trial court that dismissed his declaratory judgment action against Roto-Die, Inc. ("Roto-Die") and Gem Equity Corporation ("Gem Equity") for failure to state a claim. For the reasons set forth below, we modify the judgment of the trial court and, as modified, we affirm.

{¶ 2} The record indicates...

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