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USPG PORTFOLIO SIX v. DICK'S SPORTING GOODS

C.A. No. 2022-CA-42.

209 N.E.3d 263 (2023)

2023-Ohio-550

USPG PORTFOLIO SIX, LLC, Appellee, v. DICK'S SPORTING GOODS, INC., Appellant.

Court of Appeals of Ohio, Second District, Clark County.

Rendered on February 24, 2023.

Attorney(s) appearing for the Case

GREGORY R. FLAX and RANDALL M. COMER , Springfield, Attorneys for Appellee.

THOMAS M. WHELAN , pro hac vice, Attorney for Appellee.

JOHN W. MONROE , Cleveland, and WILLIAM A. PESESKI , Medina, Attorneys for Appellant.

GREGORY D. CALL , pro hac vice, Attorney for Appellant.

OPINION

{¶ 1} Defendant-Appellant, Dick's Sporting Goods, Inc. ("DSG"), appeals from a summary judgment rendered in favor of Plaintiff-Appellee, USPG Portfolio Six, LLC ("Portfolio"). According to DSG, the trial court erred in granting summary judgment for several reasons. First, the court erred in rejecting...

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