564 N.E.2d 700

GIAMBRONE, APPELLEE, v. BERGER, APPELLANT, ET AL.

No. 89-1726Supreme Court of Ohio.Submitted November 13, 1990 —
Decided January 2, 1991.

Appeal dismissed as improvidently allowed.

APPEAL from the Court of Appeals for Hamilton County, No. C-880366.

James R. Kirkland Associates, James R. Kirkland and Elaine M. Stoermer, for appellee.

Rendigs, Fry, Kiely Dennis, Lawrence E. Barbiere and Emmett R. Moore, for appellant.

This cause is dismissed, sua sponte, as having been improvidently allowed.

SWEENEY, HOLMES, DOUGLAS and RESNICK, JJ., concur.

MOYER, C.J., WRIGHT and H. BROWN, JJ., dissent and would affirm the judgment of the court of appeals.

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