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CUPPS v. CITY OF TOLEDO

No. 36033.

170 Ohio St. 144 (1959)

CUPPS, APPELLEE, v. CITY OF TOLEDO ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided December 16, 1959.

Attorney(s) appearing for the Case

Mr. Dan H. MCCullough and Mr. Norman C. Platz, for appellee.

Mr. Charles T. Lawton, director of law, and Mr. John J. Burkhart, for appellants.

HERBERT, J.

The issue presented for review is simply whether the provisions of Section 172-A of the Charter of the City of Toledo shall prevail over the provisions of Section 143.27, Revised Code, or whether the statutory provisions shall control.

Section 172-A of the charter of Toledo provides as follows:

"Any person employed in the classified civil service of Toledo who is suspended, reduced in rank or dismissed, may appeal

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