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MULLINS v. RIO ALGOM, INC.

No. 97-2491.

85 Ohio St.3d 361 (1999)

MULLINS ET AL. v. RIO ALGOM, INC. ET AL.

Supreme Court of Ohio.

Decided April 28, 1999.

Attorney(s) appearing for the Case

Casper & Casper and Arthur B. Casper, for petitioners Mark Mullins et al.

Lindhorst & Dreidame, William M. Cussen and Brian M. Kneafsey, Jr., for respondents Rio Algom, Inc. et al.

Betty D. Montgomery, Attorney General, and Arthur J. Marziale, Jr., Assistant Attorney General, for intervenor-respondent Ohio Attorney General.

Michael R. Thomas, in support of petitioners, for amicus curiae Ohio Academy of Trial Lawyers.

Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, in support of petitioners, for amicus curiae Ohio AFL-CIO.

Manley, Burke, Lipton & Cook and Andrew S. Lipton, in support of petitioners, for amicus curiae Armco Employees Independent Federation, Inc.

The United States District Court for the Southern District of Ohio, Western Division, has certified the following question to us:

"Is Section 2745.01 of the Ohio Revised Code unconstitutional under state law thereby rendering Ohio Revised Code Section 2305.11.2 null and void?"

The certified question is answered in the affirmative on the authority of Johnson v. BP Chemicals, Inc. (1999), 85 Ohio St.3d 298,...

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