Opinion
No. 98-171.
Submitted January 26, 1999.
Decided March 3, 1999.
Appeal dismissed as improvidently allowed.
APPEAL from the Court of Appeals for Cuyahoga County, Nos. 71325 and 71832.
Climaco, Climaco, Lefkowitz Garofoli Co., L.P.A., John R. Climaco, Jack D. Maistros, David M. Cuppage and Shannon. P. Haggerty; Chester, Willcox Saxbe and J. Craig Wright; Arter Hadden and Irene C. Keyse-Walker, for appellants.
Robert P. DeMarco Associates and Robert P. DeMarco; Porter, Wright, Morris Arthur, Samuel H. Porter, Daniel W. Costello and Jennifer T. Mills, for appellees.
Oldham Dowling and Martin R. Hulthen, urging reversal for amicus curiae, Builders Contractors Employee Benefit Association.
The cause is dismissed, sua sponte, as having been improvidently allowed.
MOYER, C.J., DOUGLAS, RESNICK and LEjNDBERG STRATTON, JJ., concur.
F.E. SWEENEY, J., dissents.
PFEIFER, J., dissents and would affirm the judgment on the contract claim and reverse the judgment on the tort claim.
COOK, J., dissents.
I would reverse the judgment of the court of appeals.