Friemoth v. Fruehauf Trailer Corp.

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[Cite as Friemoth v. Fruehauf Trailer Corp., 94 Ohio St.3d 1252, 2002-Ohio-1493.] FRIEMOTH, ADMR., APPELLANT, v. FRUEHAUF TRAILER CORPORATION ET AL.; TRAVELERS INDEMNITY COMPANY, APPELLEE. [Cite as Friemoth v. Fruehauf Trailer Corp. (2002), 94 Ohio St.3d 1252.] Appeal dismissed as improvidently allowed Certification of conflict dismissed as improvidently certified due to want of a conflict. (Nos. 01-810 and 01-811 Submitted February 27, 2002 Decided April 3, 2002.) APPEAL from and CERTIFIED by the Court of Appeals for Allen County, No. 12000-78. __________________ The cause is dismissed, sua sponte, as having been improvidently allowed in case No. 01-810. The certification of conflict in case No. 01-811 is dismissed, sua sponte, as having been improvidently certified; there is a want of a conflict. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, COOK and LUNDBERG STRATTON, JJ., concur. PFEIFER, J., dissents and would affirm the judgment of the court of appeals. __________________ Gallon & Takacs Co., L.P.A., and Kevin J. Boissoneault, for appellant. Benesch, Friedlander, Coplan & Aronoff LLP, David W. Mellott, Edward J. Stoll, Jr., and Mark D. Tucker, for appellee. __________________ 1

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