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MARCELLA v. NATIONWIDE MUT. INS. CO.

No. 96-782.

76 Ohio St.3d 563 (1996)

MARCELLA, APPELLEE AND CROSS-APPELLANT, v. NATIONWIDE MUTUAL INSURANCE COMPANY, APPELLANT AND CROSS-APPELLEE.

Supreme Court of Ohio.

Decided September 25, 1996.

Attorney(s) appearing for the Case

Don C. Iler Co., L.P.A., and Don C. Iler, for appellee and cross-appellant.

Weston, Hurd, Fallon, Paisley & Howley, Timothy D. Johnson, Gregory E. O'Brien and Daniel A. Richards, for appellant and cross-appellee.

The discretionary cross-appeal in case No. 96-782 is allowed.

The judgment of the court of appeals on the appeal is affirmed on the authority of Cole v. Holland (1996), 76 Ohio St.3d 220, 667 N.E.2d 353, and the cause is remanded to the trial court for further proceedings consistent with Cole.

The discretionary cross-appeal in case No. 96-782 is allowed.

The judgment of the court of appeals...

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