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CROSS v. A-BEST PRODUCTS CO.

No. 90388.

2009 Ohio 3079

Milton B. Cross, et al., Plaintiffs-Appellees, v. A-Best Products Co., et al., Defendants, Appeal by: American Optical Corporation, Defendant-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: June 25, 2009.

Attorney(s) appearing for the Case

Susan M. Audey, Jeffrey A. Healy, Tucker Ellis & West, L.L.P., 1150 Huntington Building, 925 Euclid Avenue, Cleveland, Ohio 44115-1475, Attorneys for Appellant American Optical Corporation.

Anthony Gallucci, Jaeson L. Taylor, Eric C. Wiedemer, Kelley & Ferraro, L.L.P., 2200 Key Tower, 127 Public Square, Cleveland, Ohio 44114, Attorneys for Appellee Milton B. Cross, et al.

Richard D. Schuster, Nina I. Webb-Lawton, Michael J. Hendershot, Vorys, Sater, Seymour & Pease, L.L.P., 52 East Gay Street, P.O. Box 1008, Columbus, Ohio 43216-1008, Attorneys for Dana Companies, LLC. f.k.a. Dana Corporation.

Before: Sweeney, J., Stewart, P.J., and Boyle, J.

JOURNAL ENTRY AND OPINION

JAMES J. SWEENEY, J.

{¶ 1} This asbestos-related case is before us on appeal after the trial court issued a supplemental clarifying journal entry on May 18, 2009, based on this Court's limited remand ordered on April 29, 2009. The narrow issue to be decided in this appeal is whether the R.C. 2307.93(A)(3) savings clause applies to plaintiff-appellee, Milton B. Cross's ("Cross") claim, thus allowing him to maintain...

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