Ohio Academy of Nursing Homes, Inc. v. Barry (71 Ohio St. 3d 5, 1994)

The judgment of the court of appeals is affirmed. The issue presented in this appeal has been decided in the previous appeal of this cause, Ohio Academy of Nursing Homes, Inc. v. Barry (1990), 56 Ohio St.3d 120, 564 N.E.2d 686. See, also, Ohio Hosp. Assn. v. Ohio Dept. of Human Serv. (1991), 62 Ohio St.3d 97, 579 N.E.2d 695.

Moyer, C.J., A.W. Sweeney, Douglas, Wright, Resnick and Pfeifer, JJ., concur.

F.E. Sweeney, J., dissents and would reverse the court of appeals.