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WESTFIELD COS. v. KETTE

No. 96-1127.

77 Ohio St.3d 154 (1996)

WESTFIELD COMPANIES, APPELLANT, v. KETTE ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 11, 1996.

Attorney(s) appearing for the Case

Davis & Young Co., L.P.A., Jan L. Roller and Dennis R. Fogarty, for appellant.

William M. Crosby and Nancy A. Kelly, for appellees Christian Pfanner, Barbara Kette Perrin, Chris Perrin, Stephen Kette, Janice Kette, Allyn Magers, and Stacy Magers.

The discretionary appeal is allowed.

The judgment of the court of appeals is reversed on the authority of Cuervo v. Cincinnati Ins. Co. (1996), 76 Ohio St.3d 41, 665 N.E.2d 1121.

MOYER, C.J., RESNICK, PFEIFER, COOK and STRATTON, JJ., concur.

DOUGLAS, J., dissents.

F.E. SWEENEY, J., dissents and would affirm the judgment of the court...

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