Ohio Supreme Court November 21, 2001, 01-1359 (Progressive Preferred Ins. v. Derby)

Fulton App. No. F-01-002. Reported at 93 Ohio St.3d 1452, 756 N.E.2d 116. On motion for reconsideration. The motion fails for want of four votes on the following vote:

Pfeifer, Cook and Lundberg Stratton, JJ., vote to deny.

Moyer, C.J., Douglas and F.E. Sweeney, JJ., vote to grant.

Resniok, J., not participating.