Klosterman Baking Co. v. Administrator, Ohio Bureau of Employment Services

Ohio Supreme Court
Klosterman Baking Co. v. Administrator, Ohio Bureau of Employment Services, 88 Ohio St. 3d 492 (Ohio 2000)
Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

Klosterman Baking Co. v. Administrator, Ohio Bureau of Employment Services

Opinion of the Court

The judgment of the court of appeals is reversed on the authority of Bays v. Shenango Co. (1990), 53 Ohio St.3d 132, 559 N.E.2d 740.

*493Moyer, C.J., Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur. Cook and Lundberg Stratton, JJ., dissent.

Dissenting Opinion

Cook, J.,

dissenting. The court of appeals heard this case twice, once after remand. In both decisions, it cited Bays v. Shenango Co. (1990), 53 Ohio St.3d 132, 559 N.E.2d 740. Nevertheless, the majority of this court resolves this appeal by reversing and citing the same case the court of appeals cited in both of its decisions. Even if I were to agree that this case should be reversed, I surely would think that more than a citation to Bays v. Shenango would be necessary.

In any event, I also differ from the majority in that I would affirm the judgment of the court of appeals. I, therefore, respectfully dissent.

Lundberg Stratton, J., concurs in the foregoing dissenting opinion.

Reference

Full Case Name
Klosterman Baking Company, Inc. v. Administrator, Ohio Bureau of Employment Services, Appellee Bakery, Confectionery and Tobacco Workers' International Union Local 57 AFL-CIO, An Unincorporated Association
Cited By
1 case
Status
Published