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KLUTH v. ANDRUS

No. 32798.

157 Ohio St. 279 (1952)

KLUTH, APPELLEE, v. ANDRUS, DIR. OF PUBLIC SAFETY, ET AL., APPELLEES; PATTON, APPELLANT.

Supreme Court of Ohio.

Decided March 26, 1952.

Attorney(s) appearing for the Case

Mr. Neil W. McGill and Mr. Ralph L. Bailey, for plaintiff appellee.

Mr. Emery C. Smith, for defendant appellees.

Mr. George J. McMonagle and Mr. Robert B. Krupansky, for appellant.

TAFT, J.

The first question to be considered is whether Kluth, having served the three-month probationary period provided for in Section 486-13, General Code, after his certification by the commission and his appointment on August 16, 1949, can thereafter be reduced in rank from lieutenant to sergeant without compliance with the provisions of Sections 486-17 and 486-17a, General Code. Since there is no allegation in the pleadings and nothing in the opening statements...

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