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Brady-Fray v. Toledo Edison Co.

No. 2003-1443.

102 Ohio St.3d 1244 (2004)

2004 Ohio 3591

BRADY-FRAY, ADMR., Appellee, v. TOLEDO EDISON COMPANY ET AL., Appellants.

Supreme Court of Ohio.

Decided July 21, 2004.

Attorney(s) appearing for the Case

Blumenstiel, Huhn, Adams & Evans, L.L.C., and J.B. Blumenstiel; Kolb & Heban and Richard Kolb, for appellee.

Roetzel & Andress, L.P.A., Denise M. Hasbrook, Alisa L. Wright and Brad A. Rimmel, for appellant Toledo Edison Company.

Baran, Piper, Tarkowsky, Fitzgerald & Theis Co., L.P.A., and Donald E. Theis, for appellant Asplundh Tree Expert Company.

Botros, Kollin & Schulte, L.L.C., Richard W. Schulte and Stephen D. Behnke, urging affirmance for amicus curiae Ohio Academy of Trial Lawyers.

Calfee, Halter & Griswold, L.L.P., Thomas I. Michals and Mark L. Belleville, urging reversal for amici curiae Columbus Southern Power Company, Ohio Power Company, Columbia Gas of Ohio, Inc., Cleveland Electric Illuminating Company, Ohio Edison Company, Dayton Power & Light Company, and Cincinnati Gas & Electric Company.

{¶1} The cause is dismissed, sua sponte, as having been improvidently accepted.

Moyer, C.J., Resnick, F.E. Sweeney, Stratton, O'Connor and O'Donnell, JJ., concur.

PFEIFER, J., dissents and...

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