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STATE EX REL. FIRST NATL. SUPERMARKETS, INC. v. INDUS. COMM.

No. 94-1418.

74 Ohio St.3d 673 (1996)

THE STATE EX REL. FIRST NATIONAL SUPERMARKETS, INC., APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided March 1, 1996.

Attorney(s) appearing for the Case

Greiner, Carolin & Spector and Thomas M. Carotin, for appellee.

Betty D. Montgomery, Attorney General, and Gerald H. Waterman, Assistant Attorney General, for appellants.

Per Curiam.

FNS did not file a cross-appeal with respect to the lower court's denial of reimbursement for expenditures made after FNS's January 1, 1990 opt-out. Only one question is, therefore, presented: Was the court of appeals correct in finding FNS eligible for reimbursement of expenditures made prior to opt-out even though the applications for reimbursement were not made until after FNS had left the handicap program? For the reasons to follow, we agree...

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