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NATIONWIDE LIFE INS. CO. v. CITY OF CANTON

No. 09AP-939.

2010 Ohio 4088

Nationwide Life Insurance Company, Plaintiff-Appellee/Cross-Appellant, v. City of Canton, Ohio, Defendant/Counterclaim Plaintiff-Appellant/Cross-Appellee, RMTS, LLC, Third Party Defendant-Appellee/Cross-Appellant, Benefit Services, Inc., Third Party Defendant-Appellee.

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

Rendered on August 31, 2010.

Attorney(s) appearing for the Case

Thompson Hine LLP, Anthony C. White, and Michele L. Noble, for Nationwide Life Insurance Company and RMTS, LLC.

Buckingham, Doolittle & Burroughs, LLP, Richard S. Milligan, and Justin S. Greenfelder, for City of Canton, Ohio.

DECISION

FRENCH, J.

{¶1} Appellant, City of Canton, Ohio ("Canton"), appeals the Franklin County Court of Common Pleas' entry of summary judgment in favor of appellee, Nationwide Life Insurance Company ("Nationwide"), and third-party defendant-appellee, RMTS, L.L.C. ("RMTS"). Nationwide and RMTS have also filed a conditional cross-appeal from the trial court's decision granting in part Canton's motion for summary judgment. For the following...

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