Ohio Supreme Court, 1994

TRINOVA Corp. v. Pilkington Bros., P.L.C.

TRINOVA Corp. v. Pilkington Bros., P.L.C.
Ohio Supreme Court · Decided November 16, 1994 · Douglas, Moyer, Pfeifer, Resnick, Sweeney, Wright
71 Ohio St. 3d 1202; 640 N.E.2d 1144; 1994 Ohio LEXIS 2582

TRINOVA Corp. v. Pilkington Bros., P.L.C.

Opinion of the Court

Defendants-appellants, Libbey-Owens-Ford Company and Pilkington Holdings, Inc., have filed with this court a motion to reconsider our September 14, 1994 decision (reported at 70 Ohio St.3d 271, 638 N.E.2d 572) in the above-captioned matter.

After consideration of appellants’ motion, we will treat it as a motion for clarification and grant same to the extent that the first sentence of the third full paragraph appearing at page 277, 638 N.E.2d at 576, should read as follows:

“We are likewise unpersuaded by the argument that LOF was a third-party beneficiary of the contract executed by TRINOVA and Pilkington.”
Moyer, C.J., Douglas, F.E. Sweeney and Pfeifer, JJ., concur. A.W. Sweeney and Wright, JJ., dissent. Resnick, J., not participating.

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