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Barnhill et al., Appellants v. City of Hamilton, Appellee.

{¶ 1} The judgment of the court of appeals on Proposition of Law No. I is affirmed on the authority of Armstrong v. Best Buy Co., Inc., 99 Ohio St.3d 79, 2003-Ohio-2573, 788 N.E.2d 1088.

{¶ 2} Proposition of Law No. II is dismissed, sua sponte, as having been improvidently allowed.

Moyer, C.J., Resnick, F.E. Sweeney, Lundberg Stratton, O'Connor and O'Donnell, JJ., concur.

Pfeifer, J., dissents.

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BARNHILL v. HAMILTON
(Oct 8, 2003)