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WHEELING CORP. v. COLUMBUS & OHIO RIVER RR.

No. 00AP-1224.

147 Ohio App.3d 460 (2001)

2001-Ohio-8751.

WHEELING CORPORATION, Appellant and Cross-Appellee, v. COLUMBUS & OHIO RIVER RAILROAD COMPANY et al., Appellees and Cross-Appellants.

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

Decided December 20, 2001.

Attorney(s) appearing for the Case

Zeiger Taft, Stettinius & Hollister, LLP, Stephen M. O'Bryan and Peter M. Poulos, for appellant.

Chester, Willcox & Saxbe, LLP, Stephen C. Fitch and David J. Butler, for appellee Columbus & Ohio River Railroad Company.

Roetzel & Andress, Stephen D. Jones and Nadine Hauptman, for appellee Ohio Rail Development Commission.

Betty D. Montgomery, Attorney General, and Alan H. Klodell, Assistant Attorney General, for appellee Ohio Rail Development Commission.

DESHLER, Judge.

{¶ 1} On June 30, 1997, the Wheeling Corporation ("Wheeling") filed a complaint in the Franklin County Court of Common Pleas against Columbus & Ohio River Railroad Company ("C&OR") and the Ohio Rail Development Commission ("ORDC"). Count one sought a declaration as to Wheeling's rights under a request for proposals ("RFP") issued by ORDC on February 20, 1997. Under the RFP, ORDC sought...

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