STATE EX REL. WALDMAN v. BURKE

No. 31870.

152 Ohio St. 213 (1949)

THE STATE, EX REL. WALDMAN, APPELLANT, v. BURKE, MAYOR, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided November 9, 1949.


Attorney(s) appearing for the Case

Messrs. Webber & Webber, for appellant.

Mr. Lee C. Howley, director of law, and Mr. Charles W. White, for appellees.


BY THE COURT.

Our only question is whether the conclusion of law announced was warranted by the facts disclosed. From the facts found the Court of Appeals concluded that the relator was not discharged from his position but rather that he removed himself therefrom by conduct which constituted a constructive resignation.

The Court of Appeals specifically found as follows:

"Relator was a regularly appointed smoke inspector in the classified service of...

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