WEYGANDT, C. J.
The facts in this case are not in dispute.
The examination was scheduled originally by the respondents for October 29, 1951, and the relator was refused admission thereto. In their answer to the relator's petition the respondents explain their refusal as follows:
"Further answering, respondents say that in September 1951, they scheduled an examination for the position of fire captain in the Cincinnati Fire Department and established...
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