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STATE EX REL. PEABODY COAL CO., v. INDUS. COMM.

No. 88-1795.

41 Ohio St. 3d 5 (1989)

THE STATE, EX REL. PEABODY COAL COMPANY, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided February 22, 1989.

Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease, Sandra J. Anderson and Walter H. Goodwin, for appellee.

Anthony J. Celebrezze, Jr., attorney general, Michael L. Squillace and Merl H. Wayman, for appellant Industrial Commission of Ohio.

Larrimer & Larrimer and David H. Swanson, for appellant Robert H. Love.

The judgment of the court of appeals is vacated. This cause is remanded to the Industrial Commission with instructions to hold further proceedings in accordance with State, ex rel. Eaton Corp., v. Lancaster (1988), 40 Ohio St.3d 404, 534 N.E.2d 46.

MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT, H. BROWN and RESNICK...

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