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WANAMAKER v. ANDERZACK-PITZEN CONSTRUCTION, INC.

Nos. 3-12-02, 3-12-03

2012 Ohio 5232

JOHN WANAMAKER, ET AL., PLAINTIFFS-APPELLEES, v. ANDERZACK-PITZEN CONSTRUCTION, INC., DEFENDANT-APPELLEE, AND CITY OF BUCYRUS, OHIO, DEFENDANT-APPELLANT. JOHN WANAMAKER, ET AL., PLAINTIFFS-APPELLEES, v. ANDERZACK-PITZEN CONSTRUCTION, INC., DEFENDANT-APPELLANT, AND CITY OF BUCYRUS, OHIO, DEFENDANT-APPELLEE.

Court of Appeals of Ohio, Third District, Crawford County.

November 13, 2012.

Attorney(s) appearing for the Case

James F. Mathews and Gary A. Piper for Appellant, the City of Bucyrus.

J. Stephen Teetor and Scyld D. Anderson for Appellant, Anderson-Pitzen Construction, Inc.

James H. Banks for Appellees, John and Linda Wannamaker.

OPINION

SHAW, P.J.

{¶1} Defendants-appellants, the City of Bucyrus (the "City") and Anderzack-Pitzen Construction, Inc. ("APC"), appeal the April 17, 2012 judgments of the Crawford County Court of Common Pleas denying their motions for summary judgment.

{¶ 2} In 2009 and 2010, the City undertook a significant highway reconstruction and improvement project, known as the 2009 Downtown Street & Storm Sewer Project...

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