698 N.E.2d 986

THE STATE EX REL. ELDRIDGE, APPELLANT, v. DEVERY, ACTING ADMR., ET AL., APPELLEES.

No. 97-583Supreme Court of Ohio.Submitted July 15, 1998.
Decided September 16, 1998.

APPEAL from the Court of Appeals for Franklin County, No. 96APD05-609.

Page 123

Mark B. Weisser, for appellant.

Betty D. Montgomery, Attorney General, and William D. Haders, Assistant Attorney General, for appellees.

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

MOYER, C.J., PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.

DOUGLAS and F.E. SWEENEY, JJ., dissent.

RESNICK, J., dissents.

ALICE ROBIE RESNICK, J., dissenting.

I would reverse the judgment of the court of appeals.

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