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DANEL M. HOBRIGAN
419: 36
pyr nus27 BIOS
guniil cou
CLERK OF CO Sy THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO
MICHIGAN PRECISION GRADING, ) CASENO.: CV 2011 073930
LLC )
) JUDGE ROWLANDS
Plaintiff, )
)
vs. )
) DEFENDANT THE UNIVERSITY OF
QUALITY ASBESTOS & ) AKRON?S SECOND
DEMOLITION SERVICES, LLC, et ) SUPPLEMENTAL MOTION FOR
al. ) PARTIAL SUMMARY JUDGMENT
) (ORIGINAL FILED JANUARY 18,
Defendants. ) 2012)
)
Defendant The University of Akron (“the University”) moves this Court for Summary
Judgment. As a matter of law, the University’s $331,598.76 claim against the penal amount of
the bid, performance and payment bond (“the Bond”) is entitled to a priority over all other Bond
claimants. Based on the clear and unambiguous terms of the Bond and Construction Contract,
the University’s property damage is, as a matter of law, a proper claim against the penal amount
of the Bond.
This motion is supported by the pleadings, the attached memorandum in support, the
Affidavit of David J. Pie…
