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CATER v. CITY OF CLEVELAND

Nos. 97-1261 and 97-1488.

83 Ohio St.3d 24 (1998)

CATER ET AL., APPELLANTS, v. CITY OF CLEVELAND, APPELLEE.

Supreme Court of Ohio.

Decided August 19, 1998.

Attorney(s) appearing for the Case

Linton & Hirshman and Robert F. Linton, Jr.; Klein & Carney Co., L.P.A., and Larry S. Klein, for appellants.

Mark W. Ruf, urging reversal for amicus curiae, Ohio Academy of Trial Lawyers.

Isaac, Brant, Ledman & Teetor, Mark Landes and Steven G. LaForge, urging affirmance for amicus curiae, County Commissioners Association of Ohio.

John E. Gotherman and Daniel J. O'Loughlin, urging affirmance for amici curiae, Ohio Municipal League and Ohio Municipal Attorneys Association.

R. Todd Hunt, urging affirmance for amicus curiae, Cuyahoga County Law Directors Association.

FRANCIS E. SWEENEY, SR., J.

The certified issue is "whether a governmental function and the absolute immunity provided it under R.C. 2744.01(C)(2)(u) [are] still subject to the exceptions to immunity provided in R.C. 2744.02(B)(3) and (4)." We find that the operation of an indoor municipal swimming pool, although defined as a governmental function under R.C. 2744.01(C)(2)(u), is still subject to the exception...

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