ROSSBOROUGH MANUFACTURING CO.; John Roberts, Intervenor; Patty Elser, Intervenor; Norma J. Criner, Administratrix of the Estate of Scott D. Schaffer, Intervenor; Wiley Organics, Inc., Intervenor; Triple A in the U.S.A., Inc.; Rykon Specialized Plating, Inc.; Frank Stump, Intervenor; William Y. Moore, Intervenor; James Peet, Intervenor, Plaintiffs-Appellants,
v.
J. Wesley TRIMBLE; J. Kenneth Blackwell; All Tools, Inc.; J.L. Foti Construction Co.; L-Mor, Inc., doing business as Darling Fire & Safety; William Pfeiffer, Chief Executive Officer and Administrator of Ohio Bureau of Workers' Compensation; James Conrad; Joseph Deters, Defendants-Appellees.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued February 1, 2002.
Decided and Filed August 26, 2002.
Attorney(s) appearing for the Case
Paul W. Newendorp (briefed), Weiner, Suit & Coury, Warren, OH, Joseph C. Winner (briefed), McFadden, Winner & Savage, Columbus, OH, Scott E. Stewart (briefed), Cleveland, OH, for Plaintiffs-Appellants in 96-3149 to 96-3151.
John D. Maddox (argued and briefed), Arter & Hadden, Washington, DC, Irene C. Keyse-Walker (briefed), Arter & Hadden, Cleveland, OH, for Plaintiff-Appellant in 96-3152.
Mark F. Kruse (briefed), McIntyre, Kahn, Kruse & Gillombardo, Cleveland, OH, for Plaintiff-Appellant in 96-3153.
Gregory K. Pratt (briefed), Pratt & Singer, Middletown, OH, for Plaintiff-Appellant in 96-3154.
J. Michael Monteleone, Ronald P. Tomallo, Mark E. Barbour (briefed), Jeffries, Kube, Forrest & Monteleone, Cleveland, OH, for Plaintiff-Appellant in 96-3155.
Elizabeth A. Raies (briefed), Tzangas, Plakas, Mannos & Recupero, Canton, OH, for Plaintiff-Appellant in 96-3156.
Michael P. Harvey (briefed), Michael P. Harvey Company, Rocky River, OH, for Plaintiff-Appellant in 96-3259.
William H. Baughman, Jr., Jerome W. Cook, Scott C. Smith, Weston, Hurd, Fallon, Paisley & Howley, Cleveland, OH, Elise W. Porter (argued and briefed), Office of the Attorney General of Ohio, Columbus, OH, for Defendants-Appellees in 96-3149 to 96-3156 and 96-3259.
Before: SUHRHEINRICH, SILER, and BATCHELDER, Circuit Judges.
United States Court of Appeals, Sixth Circuit.
OPINION
BATCHELDER, Circuit Judge.
The plaintiffs appeal the district court's order dismissing for failure to state a claim and for lack of jurisdiction their complaint demanding reimbursement from the now-defunct Intentional Tort Fund, created by the Intentional Tort Act, Section 4121.80 of the Ohio Revised Code, which was declared unconstitutional and void ab initio by the Ohio Supreme Court in Brady v. Safety-Kleen Corp.,61...
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