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GIANT EAGLE, INC. v. HORIZON NATL. CONTRACT SERVS., LLC

No. 96610.

2012 Ohio 1841

GIANT EAGLE, INC., ET AL., PLAINTIFFS-APPELLANTS, v. HORIZON NATIONAL CONTRACT SERVICES, LLC, DEFENDANT-APPELLEE.

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

Released and Journalized: April 26, 2012.

Attorney(s) appearing for the Case

Michael J. Roche , Rademaker, Matty, McClelland & Greve, 55 Public Square, Suite 1775, Cleveland, OH 44113, for Giant Eagle, Inc., Lawrence W. Corman , 55 Public Square, Suite 1717, Cleveland, OH 44113, for Linda Hach, Attorneys for Appellants.

Thomas J. Cabral , Darlene White , Colleen A. Mountcastle , Gallagher Sharp , 6th Floor, Bulkley Building, 1501 Euclid Avenue, Cleveland, OH 44115, Attorneys for Appellee.

BEFORE: Keough, J., Boyle, P.J., and Celebrezze, J.

JOURNAL ENTRY AND OPINION

KATHLEEN ANN KEOUGH, J.

{¶1} Plaintiffs-appellants, Giant Eagle, Inc. and Linda Hach, appeal from the trial court's judgment granting the motion for summary judgment of defendant-appellee, Horizon National Contract Services, LLC ("Horizon"). For the reasons that follow, we reverse and remand.

I. Facts and Procedural History

{¶2} At approximately 4:00 a.m. on August 24, 2007,...

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