COLE, J., delivered the opinion of the court, in which MARTIN, C.J., MERRITT, SILER, DAUGHTREY, MOORE, CLAY, and GILMAN, JJ., joined. RYAN, J. (p. 358), delivered a separate concurring opinion. BOGGS, J. (pp. 358-59), delivered a separate opinion concurring in part and dissenting in part. ALAN E. NORRIS, J. (p. 359), delivered a separate dissenting opinion, in which SUHRHEINRICH and BATCHELDER, JJ., joined.
Pursuant to Sixth Circuit Rule 206
OPINION
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