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Cristino v. Ohio Bureau of Workers' Compensation

Court of Appeals of Ohio, Eighth District

March 4, 2003

PIETRO CRISTINO, et al. Plaintiff-Appellants
v.
OHIO BUREAU OF WORKERS' COMPENSATION, Defendant-Appellees Motion No. 346720

LOWER COURT NO. CP CV-442638

JOURNAL ENTRY

KENNETH A. ROCCO, ADMINISTRATIVE JUDGE

{¶1} Sua sponte, pursuant to App.R.22(D), the second sentence on page 6, paragraph 3 is corrected nunc pro tunc to read as follows:

{¶2} "Moreover, Santos is considered legal authority that deserves prevailing weight in this appellate district until the Ohio Supreme Court pronounces otherwise. Rep.R.4(B); see also Zelenak v. Indus. Comm. of Ohio, 148 Ohio App.3D 589, 2002-Ohio-3887."

PIETRO CRISTINO, et al. Plaintiff-Appellants

v.

ADMINISTRATOR, OHIO BUREAU OF WORKERS & COMPENSATION, ET AL. Defendant-Appellees

DATE OF ANNOUNCEMENT OF DECISION FEBRUARY 20, 2003

Civil appeal from Cuyahoga County Court of Common Pleas Case No. 44263

For Plaintiff-Appellants W. CRAIG BASHEIN Attorney at Law BASHIEN & BASHIEN CO., L.P.A., Paul W. Flowers Attorney at Law PAUL W. FLOWERS CO., L.P.A.

For Defendant-Appellees BETTY D. MONTGOMERY Attorney General Mark E. Mastrangelo Jeffrey B. Duber Assistant Attorneys General

JOURNAL ENTRY and OPINION

{¶1} Plaintiff-appellant Pietro Christino appeals from the trial court order that dismissed his putative class action filed against defendants-appellees the Administrator, Ohio Bureau of Workers' Compensation (BWC) and the State of Ohio.

{¶2} In his sole assignment of error, appellant argues the trial court incorrectly concluded it lacked subject matter jurisdiction over his complaint. This court disagrees. Consequently, appellant's assignment is overruled, and ...


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