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BAYS v. SHENANGO CO.

No. 89-1198.

53 Ohio St. 3d 132 (1990)

BAYS ET AL., APPELLANTS, v. SHENANGO COMPANY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 22, 1990.

Attorney(s) appearing for the Case

Stewart Jaffy & Associates Co., L.P.A., and Stewart R. Jaffy, for appellants.

Day, Ketterer, Raley, Wright & Rybolt, William S. Cline and Catherine A. Pastore, for appellee Shenango Company.

Anthony J. Celebrezze, Jr., attorney general, Merl H. Wayman and Merrill H. Henkin, for appellee Administrator, Ohio Bureau of Employment Services.

ALICE ROBIE RESNICK, J.

R.C. 4141.29(D)(1)(a) provides in part:

"Notwithstanding division (A) of this section, no individual may serve a waiting period or be paid benefits under the following conditions:

"(1) For any week with respect to which the administrator finds that:

"(a) His unemployment was due to a labor dispute other than a lockout at any factory, establishment, or other premises located in this or any other state and owned...

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