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STATE EX REL. HARTCO, INC., CUSTOM COATED PRODUCTS v. INDUS. COMM.

No. 87-285.

38 Ohio St. 3d 181 (1988)

THE STATE, EX REL. HARTCO, INC., CUSTOM COATED PRODUCTS, v. INDUSTRIAL COMMISSION OF OHIO ET AL.

Supreme Court of Ohio.

Decided August 17, 1988.

Attorney(s) appearing for the Case

Cohen, Todd, Kite & Stanford, Edward A. Hogan and Thomas C. Kilcoyne, for relator.

Anthony J. Celebrezze, Jr., attorney general, and Teresa-Oglesby McIntyre, for respondent Industrial Commission.

Kondritzer, Gold & Frank Co., L.P.A., and William E. Clements, for respondent John Runyon.

Per Curiam.

Relator contends that Ohio Adm. Code 4121:1-5-11(D)(10)(b) exempts it from the requirements of Ohio Adm. Code 4121:1-5-11(D)(10)(a). In the alternative, it argues that if the (D)(10)(b) exception is found inapplicable, the commission nonetheless abused its discretion under (D)(10)(a) in equating the term "means" with the term "guard." Moreover, it contends that, contrary to the commission's determination...

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