
    Roesch, Appellant, v. Warren Distribution/Fleet Engineering Research et al.; Clark Oil, Appellee.
    [Cite as Roesch v. Warren Distrib./Fleet Eng. Research (2002), 94 Ohio St.3d 1247.]
    (No. 01-113
    Submitted January 30, 2002
    Decided March 20, 2002.)
    
      Paul V. Wolf, for appellant.
    
      Cleary & Associates Co., L.P.A., Timothy R. Cleary and Danielle Konrad Pitcock, for appellee.
   The cause is dismissed, sua sponte, as having been improvidently allowed.

Moyer, C.J.,'Resnick, F.E. Sweeney, Cook and Lundberg Stratton, JJ., concur.

Douglas, J., dissents.

Pfeifer, J., dissents and would reverse the judgment of the court of appeals.  