[This opinion has been published in Ohio Official Reports at 72 Ohio St.3d 430.]

PHAN, APPELLANT, v. PRESRITE CORPORATION ET AL.; LINEMASTER SWITCH CORPORATION, APPELLEE. [Cite as Phan v. Presrite Corp., 1995-Ohio-51.]

Appeal dismissed as improvidently allowed. (No. 94-1071—Submitted May 23, 1995—Decided July 5, 1995.)

APPEAL from the Court of Appeals for Cuyahoga County, No. 64821. __________________ Jeffries, Kube, Forest & Monteleone Co., L.P.A., Michael R. Kube and Richard A. Vadnal, for appellant.

Rhoa, Follen & Rawlin Co., L.P.A., Albert J. Rhoa and James H. Crawford, for appellee. __________________ {¶ 1} The cause is dismissed, sua sponte, as having been improvidently allowed.

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

COOK, J., dissents. __________________ COOK, J., dissenting. {¶ 2} I would affirm the judgment of the court of appeals. __________________