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KIRK EXCAVATING & CONST. v. RKJ ENTER.

No. 18 CA 0926.

108 N.E.3d 1278 (2018)

2018-Ohio-3735

KIRK EXCAVATING & CONSTRUCTION, INC., Plaintiff-Appellant, v. RKJ ENTERPRISES, LLC, dba At Your Service et al., Defendants-Appellees.

Court of Appeals of Ohio, Seventh District, Carroll County.

Dated: September 12, 2018.

Attorney(s) appearing for the Case

Atty. James. R. Havens , Atty. Adam M. Schwartz , Atty. Wesley W. Gillilan , Havens Limited, 141 East Town Street, Suite 200, Columbus. Ohio 43215, for Plaintiff-Appellant and

Atty. J. Kevin West , Atty. Alana Tanoury , Steptoe & Johnson, PLLC, The Huntington Center, Suite 2200, 41 South High Street, Columbus, Ohio 43215, for Defendants-Appellees, Chesapeake Exploration, LLC et al., Atty. Richard Protiva , Atty. Thomas Hill , 6075 Silica Road, Suite A., Austintown, Ohio 44515, for Defendants-Appellees, Eric Petroleum.

BEFORE: Carol Ann Robb, Cheryl L. Waite, Kathleen Bartlett, Judges.

OPINION AND JUDGMENT ENTRY

{¶ 1} Plaintiff-Appellant Kirk Excavating & Construction, Inc. appeals the decision of Carroll County Common Pleas Court granting Defendants-Appellees Chesapeake Exploration, LLC; CHK UTICA, LLC; TOTAL E & P USA, INC.; EnerVest Operating, LLC; and Pelican Energy, LLC's motion...

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