City of Conneaut v. Allegheny Surety Co.

Ford, Presiding Judge.

This is an appeal from the Ashtabula County Court of Common Pleas. Appellant, the United States Department of Labor, Wage and Hour Division (“USDL”), appeals from a judgment entry overruling its motion for summary judgment and granting the motion for summary judgment of appellee, Allegheny Surety Company.

The following facts are not generally in dispute and are taken largely from the trial court’s judgment entry and the parties’ stipulations. On July 27, 1993, the city of Conneaut contracted with Parmenter Excavating, Inc. (“Parmenter”) to be the general contractor for…