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BURKHOLDER v. GERMAN MUT. INS. CO.

No. 2002-0702.

99 Ohio St.3d 163 (2003)

2003-Ohio-2953

BURKHOLDER ET AL., APPELLANTS, v. GERMAN MUTUAL INSURANCE COMPANY, APPELLEE.

Supreme Court of Ohio.

Decided June 25, 2003.

Attorney(s) appearing for the Case

Connelly, Jackson & Collier, L.L.P., Steven P. Collier and Anthony E. Turley, for appellants.

Bahret & Associates Co., L.P.A., Robert J. Bahret and Kevin A. Pituch, for appellee.

Boyk & Crossmock, L.L.C., and Steven L. Crossmock, urging reversal for amicus curiae Ohio Academy of Trial Lawyers.

{¶ 1} The judgment of the court of appeals is affirmed on the authority of Hillyer v. State Farm Fire & Cas. Co., 97 Ohio St.3d 411, 2002-Ohio-6662, 780 N.E.2d 262.

MOYER, C.J., F.E. SWEENEY, PFEIFER, LUNDBERG STRATTON and O'CONNOR, JJ., concur.

CARR and DEGENARO, JJ., concur in judgment only.

DONNA J. CARR, J., of the Ninth Appellate District, sitting for RESNICK, J.

MARY DEGENARO...

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