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ROOTSTOWN EXCAVATING, INC. v. SMITH

C.A. No. 25457.

2011 Ohio 6415

Rootstown Excavating, Inc., Appellant, v. Karen Edwards Smith, Trustee Of the Smith Family Trust, et al., Appellees.

Court of Appeals of Ohio, Ninth District, Summit County.

Dated: December 14, 2011.

Attorney(s) appearing for the Case

Ian H. Frank and Nora E. Loftus , Attorneys at Law, for Appellant.

Bradley P. Toman , Attorney at Law, for Appellee.

DECISION AND JOURNAL ENTRY

MOORE, Judge

{¶1} Appellant, Rootstown Excavating, Inc., appeals from the judgment of the Summit County Court of Common Pleas. This Court affirms.

I.

{¶2} On April 21, 2005, Appellant Rootstown Excavating, Inc., entered into a contract with The Smith Family Trust (the "Trust") to perform improvements to a 12.5-acre site in the City of Hudson, Summit County, Ohio. The Trust subdivided...

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