DUGAN MEYERS CONSTR. v. OHIO DEPT. ADM. SERV., 2005-1698 (4-25-2007)

Moyer, C.J., Moore, Lundberg Stratton, O'Donnell and Lanzinger, JJ., concur.

O'Connor, J., concurs in judgment only.

Pfeifer, J., dissents.

Carla D. Moore, J., of the Ninth Appellate District, was assigned to sit for Resnick, J., whose term ended on January 1, 2007.

Cupp, J., whose term began on January 2, 2007, did not participate in the consideration or decision of this case.