[This opinion has been published in Ohio Official Reports at 74 Ohio St.3d 1209.]

BESHARA, EXR., APPELLANT, v. SCHINDLER; ATD CORPORATION, APPELLEE. [Cite as Beshara v. Schindler, 1995-Ohio-89.]

Appeal dismissed as improvidently allowed. (No. 94-1424—Submitted October 10, 1995—Decided November 22, 1995.)

APPEAL from the Court of Appeals for Summit County, No. 16507. _________________ McCarthy, Palmer, Volkema, Boyd & Thomas and Daniel R. Volkema, for appellant.

Davis & Young Co., L.P.A., Gregory H. Collins and Martin J. Murphy, for appellee. _________________ {¶ 1} The appeal is dismissed, sua sponte, as having been improvidently allowed.

MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY and BOWMAN, JJ., concur.

PFEIFER, J., dissents and would affirm the judgment of the court of appeals.

DONNA BOWMAN, J., of the Tenth Appellate District, sitting for COOK, J. __________________