[This opinion has been published in Ohio Official Reports at 80 Ohio St.3d 1211.]

HARRIS ET AL., APPELLANTS, v. KENNEDY ET AL., APPELLEES. [Cite as Harris v. Kennedy, 1997-Ohio-111.]

Appeal dismissed as improvidently allowed. (No. 96-1467—Submitted October 21, 1997—Decided December 3, 1997.)

APPEAL from the Court of Appeals for Cuyahoga County, No. 69420. __________________ Levey & Gruhin and Harold L. Levey, for appellants.

Sharon Sobol Jordan, Cleveland Director of Law, and Charles E. Hannan, Jr., Assistant Director of Law, for appellees. __________________ {¶ 1} The appeal is dismissed, sua sponte, as having been improvidently allowed.

MOYER, C.J., RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.

DOUGLAS, J., dissents. __________________