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Shepherd, Admr., Appellant, v. United Parcel Service et al., Appellees. [Cite as Shepherd v. United Parcel Serv. (1993), Ohio St.3d .]

Appeal dismissed as improvidently allowed. (No. 92-1404 -- Submitted June 3, 1993 -- Decided July 28, 1993.)

Appeal from the Court of Appeals for Scioto County, No. 91 CA 1968.

Waite, Schneider, Bayless & Chesley Co., L.P.A., Stanley M. Chesley, Paul M. De Marco and D. Arthur Rabourn, for appellant.

Campbell, Woods, Bagley, Emerson, McNeer & Herndon and Christopher A. Conley, for appellee United Parcel Service.

Bannon, Howland & Dever, Robert E. Dever and Richard T.

Schisler, for appellee Portsmouth Area Growth Foundation, Inc. This cause is dismissed, sua sponte, as having been improvidently allowed.

A.W. Sweeney, Acting C.J., Christley, Wright and Resnick, JJ., concur.

Douglas, J., dissents.

F.E. Sweeney, J., dissents and would reverse.

Pfeifer, J., dissents and would affirm.

Judith A. Christley, J., of the Eleventh Appellate District, sitting for Moyer, C.J.