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STATE EX REL. McVAY v. INDUS. COMM.

No. 98-547.

86 Ohio St.3d 587 (1999)

THE STATE EX REL. MCVAY v. INDUSTRIAL COMMISSION OF OHIO ET AL.

Supreme Court of Ohio.

Decided September 22, 1999.

Attorney(s) appearing for the Case

Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, for relator.

Betty D. Montgomery, Attorney General, and William J. McDonald, Assistant Attorney General, for respondent Industrial Commission.

Per Curiam.

Ohio Adm.Code 4121:1-5-01(A), under which the disputed specific safety requirement falls, states in its "scope" provision:

"Installations or constructions built or contracted for prior to the effective date (shown at the end of each rule) of any requirement shall be deemed to comply with the provisions of these requirements if such installations or constructions comply either with...

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