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V&M STAR, LP,
Plaintiff-Appellant,
v.
CENTIMARK CORPORATION,
Defendant-Appellee.


No. 09-3249

Appeal from the United States District Court
for the Northern District of Ohio at Youngstown.
No. 07-03573, George J. Limbert, Magistrate Judge.
Submitted: October 22, 2009
Decided and Filed: February 24, 2010
Before: DAUGHTREY, GILMAN, and KETHLEDGE, Circuit Judges.

_________________________
OPINION
_________________________

RONALD LEE GILMAN, Circuit Judge. The present case involves a lawsuit brought by V&M Star, LP against Centimark Corporation. Summary judgment was granted in favor of Centimark by the district court, and V&M now appeals. For the reasons set forth below, we REMAND the case to the district court for further proceedings consistent with this opinion.