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CLARKLIFT OF NORTHWEST OHIO, INC. v. CLARK EQUIPMENT CO.

Nos. 3:92 CV 7039, 92 CV 7255.

869 F.Supp. 533 (1994)

CLARKLIFT OF NORTHWEST OHIO, INC., Plaintiff, v. CLARK EQUIPMENT COMPANY, et al., Defendants. CLARK CREDIT CORPORATION, Plaintiff, v. Leo STERKOWICZ, Defendant.

United States District Court, N.D. Ohio, Western Division.

November 15, 1994.

Attorney(s) appearing for the Case

William R. Lindsley, Lindsley & Karcher, Toledo, OH, Barry E. Savage, Savage, Jordan, Giha & Ballard, Toledo, OH, for Clarklift of Northwest Ohio, Inc., and Leo M. Sterkowicz.

Gerald R. Kowalski, Manahan, Pietrykowski, Bamman & Delaney, Toledo, OH, Jonathan B. Newcomb, Jones, Day, Reavis & Pogue, Chicago, IL, Michael J. Grossman, Clark Material Handling Co., Lexington, KY, for Clark Equipment Co.

Jonathan B. Newcomb, Thomas F. Gardner, Jones, Day, Reavis & Pogue, Chicago, IL, Michael J. Grossman, Clark Material Handling Co., Lexington, KY, for Clark Material Handling Co.

Dennis W. Bila, II, L. Graham Ward, Brochert & Ward, Bloomfield Hills, MI, John W. Oldham, Farmington Hills, MI, for Clarklift of Detroit, Inc.

Thomas P. Whelley, II, Chernesky, Heyman & Kress, Dayton, OH, for Miami Industrial Trucks, Inc.

Thomas W. Heintschel, Frederickson & Heintschel, Toledo, OH, for Clark Credit Corp.

Barry F. Hudgin, Schnorf, Schnorf & Ballard, Toledo, OH, for James L. Schueler.

JUDGMENT ENTRY

KATZ, District Judge.

For the reasons stated in the Memorandum Opinion filed contemporaneously with this entry, IT IS HEREBY ORDERED, ADJUDGED and DECREED that attorney fees are not recoverable by plaintiff/counterclaimant Clark Credit Corporation. Therefore, partial summary judgment is granted on that issue to defendant Leo Sterkowicz in Case No. 92 CV 7255, and to counterclaim defendant Clarklift of Northwest Ohio in Case No. 92 CV...

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