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GIANT EAGLE, INC. v. HORIZON NATL. CONTRACT SERVS., LLC

No. 96610.

2012 Ohio 1841

GIANT EAGLE, INC., ET AL., PLAINTIFFS-APPELLANTS, v. HORIZON NATIONAL CONTRACT SERVICES, LLC, DEFENDANT-APPELLEE.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Released and Journalized: April 26, 2012.

Attorney(s) appearing for the Case

Michael J. Roche, Rademaker, Matty, McClelland & Greve, 55 Public Square, Suite 1775, Cleveland, OH 44113, for Giant Eagle, Inc., Lawrence W. Corman, 55 Public Square, Suite 1717, Cleveland, OH 44113, for Linda Hach, Attorneys for Appellants.

Thomas J. Cabral, Darlene White, Colleen A. Mountcastle, Gallagher Sharp, 6th Floor, Bulkley Building, 1501 Euclid Avenue, Cleveland, OH 44115, Attorneys for Appellee.

BEFORE: Keough, J., Boyle, P.J., and Celebrezze, J.

JOURNAL ENTRY AND OPINION

KATHLEEN ANN KEOUGH, J.

{¶1} Plaintiffs-appellants, Giant Eagle, Inc. and Linda Hach, appeal from the trial court's judgment granting the motion for summary judgment of defendant-appellee, Horizon National Contract Services, LLC ("Horizon"). For the reasons that follow, we reverse and remand.

I. Facts and Procedural History

{¶2} At approximately 4:00 a.m. on August 24, 2007,...

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