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DELTA FUELS, INC. v. OHIO DEPT. OF TRANSP.

Nos. 15AP-28, 15AP-206.

57 N.E.3d 220 (2015)

2015-Ohio-5545

DELTA FUELS, INC., Plaintiff-Appellant, v. OHIO DEPARTMENT OF TRANSPORTATION, Defendant-Appellee. Ohio Department of Transportation, Plaintiff-Appellant, v. Delta Fuels, Inc., Defendant-Appellee, Knight Enterprises, Inc. et al., Defendant-Appellee.

Court of Appeals of Ohio, Tenth District, Franklin County.

December 31, 2015.

Attorney(s) appearing for the Case

Wickens, Herzer, Panza, Cook & Batista Co., and Joseph E. Cirigliano , Avon; Giarmarco, Mullins & Horton, PC, and Daniel J. Kelly ; and Ben M. Gonek , for Delta Fuels, Inc.

Michael DeWine , Attorney General, William C. Becker , and Craig D. Barclay , for Ohio Department of Transportation.

{¶ 1} This decision addresses two appeals from the Court of Claims of Ohio arising out of an unusual procedure in which the court held a simultaneous bench and jury trial to assess certain claims related to a 2005 Toledo-area fuel spill. In case No. 15AP-28, plaintiff-appellant, Delta Fuels, Inc. ("Delta Fuels"), appeals...

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