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Ohio Supreme Court, 1998

State ex rel. ON Environmental Services v. Industrial Commission

State ex rel. ON Environmental Services v. Industrial Commission
Ohio Supreme Court · Decided December 30, 1998 · Cook, Douglas, Móyer, Pfeifer, Resnick, Stratton, Sweeney
84 Ohio St. 3d 254
State ex rel. ON Environmental Services v. Industrial Commission

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Opinion of the Court

The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals.

Móyer, C.J., Douglas, F.E. Sweeney and Cook, JJ., concur. Resnick, Pfeifer and Lundberg Stratton, JJ., dissent.

Dissenting Opinion

Lundberg Stratton, J.,

dissenting. I would reverse the judgment of the court of appeals on the basis that the landfill operation does not qualify as “construction.” Therefore, I respectfully dissent.

Resnick and Pfeifer, JJ., concur in the foregoing dissenting opinion.

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