Klosterman Baking Co. v. Ohio Bur. of Emp. Serv.

Ohio Supreme Court

Klosterman Baking Co. v. Ohio Bur. of Emp. Serv.

2000 Ohio 402, 88 Ohio St. 3d 492

CourtOhio Supreme Court

DecidedMay 24, 2000

Docket1999-0991

StatusPublished

This text of 2000 Ohio 402 (Klosterman Baking Co. v. Ohio Bur. of Emp. Serv.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Klosterman Baking Co. v. Ohio Bur. of Emp. Serv., 2000 Ohio 402, 88 Ohio St. 3d 492 (Ohio 2000).

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[This opinion has been published in Ohio Official Reports at 88 Ohio St.3d 492.]

KLOSTERMAN BAKING COMPANY, INC., APPELLEE, v. ADMINISTRATOR, OHIO BUREAU OF EMPLOYMENT SERVICES, APPELLEE; BAKERY, CONFECTIONERY AND TOBACCO WORKERS’ INTERNATIONAL UNION LOCAL # 57 AFL-CIO, AN

UNINCORPORATED ASSOCIATION, ET AL., APPELLANTS. [Cite as Klosterman Baking Co. v. Ohio Bur. of Emp. Serv., 2000-Ohio-402.] Court of appeals’ judgment reversed on authority of Bays v. Shenango Co. (No. 99-991—Submitted March 7, 2000—Decided May 24, 2000.) APPEAL from the Court of Appeals for Hamilton County, No. C-980255. __________________ Graydon, Head & Ritchey and Daniel E. Burke, for appellee Klosterman Baking Co. Betty D. Montgomery, Attorney General, and David E. Lefton, Assistant Attorney General, for appellee Administrator, Ohio Bureau of Employment Services. Leonard S. Sigall, for appellants. __________________ {¶ 1} The judgment of the court of appeals is reversed on the authority of Bays v. Shenango Co. (1990), 53 Ohio St.3d 132, 559 N.E.2d 740. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur. COOK and LUNDBERG STRATTON, JJ., dissent. __________________ COOK, J., dissenting. {¶ 2} The court of appeals heard this case twice, once after remand. In both decisions, it cited Bays v. Shenango Co. (1990), 53 Ohio St.3d 132, 559 N.E.2d 740. Nevertheless, the majority of this court resolves this appeal by reversing and citing the same case the court of appeals cited in both of its decisions. Even if I SUPREME COURT OF OHIO

were to agree that this case should be reversed, I surely would think that more than a citation to Bays v. Shenango would be necessary. {¶ 3} In any event, I also differ from the majority in that I would affirm the judgment of the court of appeals. I, therefore, respectfully dissent. LUNDBERG STRATTON, J., concurs in the foregoing dissenting opinion. __________________

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[This opinion has been published in Ohio Official Reports at 88 Ohio St.3d 492.]

KLOSTERMAN BAKING COMPANY, INC., APPELLEE, v. ADMINISTRATOR, OHIO BUREAU OF EMPLOYMENT SERVICES, APPELLEE; BAKERY, CONFECTIONERY AND TOBACCO WORKERS’ INTERNATIONAL UNION LOCAL # 57 AFL-CIO, AN

UNINCORPORATED ASSOCIATION, ET AL., APPELLANTS. [Cite as Klosterman Baking Co. v. Ohio Bur. of Emp. Serv., 2000-Ohio-402.] Court of appeals’ judgment reversed on authority of Bays v. Shenango Co. (No. 99-991—Submitted March 7, 2000—Decided May 24, 2000.) APPEAL from the Court of Appeals for Hamilton County, No. C-980255. __________________ Graydon, Head & Ritchey and Daniel E. Burke, for appellee Klosterman Baking Co. Betty D. Montgomery, Attorney General, and David E. Lefton, Assistant Attorney General, for appellee Administrator, Ohio Bureau of Employment Services. Leonard S. Sigall, for appellants. __________________ {¶ 1} The judgment of the court of appeals is reversed on the authority of Bays v. Shenango Co. (1990), 53 Ohio St.3d 132, 559 N.E.2d 740. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur. COOK and LUNDBERG STRATTON, JJ., dissent. __________________ COOK, J., dissenting. {¶ 2} The court of appeals heard this case twice, once after remand. In both decisions, it cited Bays v. Shenango Co. (1990), 53 Ohio St.3d 132, 559 N.E.2d 740. Nevertheless, the majority of this court resolves this appeal by reversing and citing the same case the court of appeals cited in both of its decisions. Even if I SUPREME COURT OF OHIO

were to agree that this case should be reversed, I surely would think that more than a citation to Bays v. Shenango would be necessary. {¶ 3} In any event, I also differ from the majority in that I would affirm the judgment of the court of appeals. I, therefore, respectfully dissent. LUNDBERG STRATTON, J., concurs in the foregoing dissenting opinion. __________________

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