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STATE EX REL. BUTLER v. ROADWAY EXPRESS INC.

No. 2001-1175.

95 Ohio St.3d 362 (2002)

2002-Ohio-2339

THE STATE EX REL. BUTLER, APPELLANT, v. ROADWAY EXPRESS, INC. ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 29, 2002.

Attorney(s) appearing for the Case

Butkovich, Schimpf, Schimpf & Ginocchio Co., L.P.A., James A. Whittaker and Stephen P. Gast, for appellant.

Taft, Stettinius & Hollister, L.L.P., and Cynthia C. Felson, for appellee Roadway Express, Inc.

Betty D. Montgomery, Attorney General, and Jeffrey B. Hartranft, Assistant Attorney General, for appellee Industrial Commission of Ohio.

{¶ 1} The judgment of the court of appeals is reversed. The cause is returned to the Industrial Commission for relief consistent with State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666.

DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.

MOYER, C.J., COOK and LUNDBERG STRATTON, JJ., dissent.

LUNDBERG STRATTON, J., dissenting.

{¶ 2} I respectfully...

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