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RIFFE v. INTERSTATE MOTOR FREIGHT SYSTEM

No. 86-1519.

31 Ohio St. 3d 161 (1987)

RIFFE, APPELLEE, v. INTERSTATE MOTOR FREIGHT SYSTEM; INS. CO. OF N. AMERICA, SURETY, APPELLANT; MAYFIELD, ADMR., APPELLEE.

Supreme Court of Ohio.

Decided July 1, 1987.

Attorney(s) appearing for the Case

Gallon, Kalniz & Iorio Co., L.P.A., James A. Whittaker and William E. Takacs, for appellee Sheridan Riffe, Jr.

Bugbee & Conkle, Gregory B. Denny and Robert L. Solt III, for appellant.

Anthony J. Celebrezze, Jr., attorney general, Janet E. Jackson and Michael L. Squillace, for appellee Mayfield, Admr.

The judgment in this cause, having been certified by the court of appeals in case Nos. 85AP-538 and 85AP-545 as being in conflict with Holben v. Interstate Motor Freight System (Oct. 18, 1985), Lucas App. Nos. L-85-036, L-85-037 and L-85-053, unreported, is hereby reversed on authority of Holben v. Interstate Motor Freight System (1987), 31 Ohio St.3d 152,

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