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BALCO CORP. v. D.H. OVERMYER CO., INC.

No. 74AP-344.

43 Ohio App. 2d 157 (1975)

BALCO CORPORATION, APPELLEE, v. D. H. OVERMYER CO., INC., OF OHIO ET AL., APPELLEES; NATIONWIDE LIFE INSURANCE CO., APPELLANTS.

Court of Appeals of Ohio, Franklin County.

Decided February 4, 1975.

Attorney(s) appearing for the Case

Messrs. Schottenstein, Garel, Swedlow & Zox, for appellee.

Messrs. Wright, Harlor, Morris & Arnold, Mr. James E. Pohlman and Mr. Robert C. Kieger, of counsel, for appellants.

REILLY, J.

This is an appeal from a judgment of the Court of Common Pleas of Franklin County. The case is based upon an agreement executed April 22, 1970, involving plaintiff, the appellee (hereinafter called Balco), a general contractor, and D. H. Overmyer Co., Inc., of Ohio, an appellant. Counsel for both parties note in their briefs that the construction agreement on the cover page includes the words "D. H. Overmyer...

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