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LAKATOS v. FRANKLIN INTERNATL., INC.

No. 87-2114.

41 Ohio St. 3d 8 (1989)

LAKATOS, APPELLEE, v. FRANKLIN INTERNATIONAL, INC., D.B.A. FRANKLIN CHEMICAL INDUSTRIES, INC., APPELLANT.

Supreme Court of Ohio.

Decided March 1, 1989.

Attorney(s) appearing for the Case

Richard M. Stein Co., L.P.A., and Richard M. Stein, for appellee.

Lane, Alton & Horst, Jack R. Alton, Joseph A. Gerling and Robert D. Erney; Vorys, Sater, Seymour & Pease and Michael G. Long, for appellant.

The judgment of the court of appeals is reversed and the cause is remanded to the trial court for the application of Van Fossen v. Babcock & Wilcox Co. (1988), 36 Ohio St.3d 100, 522 N.E.2d 489, and Mitchell v. Lawson Milk Co. (1988), 40 Ohio St.3d 190, ___ N.E. 2d ___.

MOYER, C.J., SWEENEY, DOUGLAS, WRIGHT, DONOFRIO and RESNICK, JJ., concur.

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