BAKOS, APPELLEE, v. INSURA PROPERTY & CASUALTY INSURANCE COMPANY ET AL.,

                                    APPELLANTS.

   [Cite as Bakos v. Insura Prop. & Cas. Ins. Co. (1998), ___ Ohio St.3d ___.]

Certification of conflict dismissed for want of conflict within meaning of

      S.Ct.Prac.R. IV(2)(B).

  (No. 97-2431 — Submitted October 28, 1998 — Decided December 30, 1998.)

       CERTIFIED by the Court of Appeals for Cuyahoga County, No. 71949.

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      Peterson & Zelasko and Bradford D. Zelasko, for appellee.

      McNeal, Schick, Archibald & Biro Co., L.P.A., and Paul W. Ziegler, for

appellant Insura Property & Casualty Insurance Company.

      Weston Hurd Fallon Paisley & Howley L.L.P., John G. Farnan, Hilary S.

Taylor and William H. Baughman, Jr., for appellant St. Paul Fire & Marine

Insurance Company.

                               __________________

      The cause is dismissed for want of conflict within the meaning of

S.Ct.Prac.R. IV(2)(B).

      MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER         AND   LUNDBERG

STRATTON, JJ., CONCUR.

      COOK, J., dissents.

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      COOK, J., dissenting. I respectfully dissent from the decision to dismiss this

case as improvidently certified and, if addressing this case on the merits, would

affirm the decision of the court of appeals.
