Ohio Supreme Court, 2001

State ex rel. Marston v. Industrial Commission

Ohio Supreme Court · Decided January 17, 2001 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

90 Ohio St. 3d 569; 740 N.E.2d 281

Opinion of the Court

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

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

Dissenting Opinion

Cook, J.,

dissenting. I agree with the rationale set forth in the dissenting opinion of Judge Deshler; therefore, I am unable to join the majority in affirming the judgment of the court of appeals.

Becker, Reed & Tilton and Dennis A. Becker, for appellee. Betty D. Montgomery, Attorney General, and Thomas L. Reitz, Assistant Attorney General, for appellant.

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