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Katko, Exr., Appellee, v. Ohio State University Hospital et al., Appellants. [Cite as Katko v. Ohio State Univ. Hosp. (1993), Ohio St.3d .] Appeal dismissed as improvidently allowed. (No. 91-2006 -- Submitted January 5, 1993 -- Decided February 3, 1993.) Appeal from the Court of Appeals for Franklin County, No. 90AP-1117.

Savoy, Bilancini, Flanagan & Kenneally, Jerome J. Savoy and Patrick M. Flanagan, for appellee. Lee I. Fisher, Attorney General; Emens, Hurd, Kegler & Ritter Co., L.P.A., William J. Brown and Karl W. Schedler, for appellants. Fulbright & Jaworski and Robert A. Burgoyne; and Joseph A. Keyes, Jr., urging reversal for amicus curiae, Association of American Medical Colleges. Lee I. Fisher, Attorney General, and John C. Dowling, Assistant Attorney General, urging reversal for amici curiae, University of Cincinnati, Medical College of Ohio and Northeastern Ohio Universities College of Medicine.

The appeal is dismissed, sua sponte, as having been improvidently allowed. The court orders that the court of appeals' opinion not be published in the Ohio Official Reports, and that it may not be cited as authority except by the parties inter se. Moyer, C.J., A.W. Sweeney, Douglas, Wright, Resnick, F.E. Sweeney and Pfeifer, JJ., concur.