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MILLER v. RUHLIN CONSTR., INC.

No. 2001-0947.

95 Ohio St.3d 532 (2002)

2002-Ohio-2840

MILLER, APPELLANT, v. RUHLIN CONSTRUCTION, INC., APPELLEE.

Supreme Court of Ohio.

Decided June 26, 2002.

Attorney(s) appearing for the Case

Perantinides & Nolan Co., L.P.A., Paul G. Perantinides and Antonios P. Tsarouhas, for appellant.

Buckingham, Doolittle & Burroughs, L.L.P., Orville L. Reed III and A. Elizabeth Cargle, for appellee.

{¶ 1} The judgment of the court of appeals is reversed on the authority of Fyffe v. Jeno's, Inc. (1991), 59 Ohio St.3d 115, 570 N.E.2d 1108, and the cause is remanded to the trial court for further proceedings.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.

COOK and LUNDBERG STRATTON, JJ., dissent.

COOK, J., dissenting.

{¶ 2} When the trial court granted summary...

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