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F. O. P. v. CITY OF DAYTON

No. 4150.

35 Ohio App. 2d 196 (1973)

FRATERNAL ORDER OF POLICE, CAPTAIN JOHN C. POST LODGE NO. 44 ET AL., APPELLANTS-CROSS APPELLEES, v. CITY OF DAYTON ET AL., APPELLEES-CROSS APPELLANTS.

Court of Appeals of Ohio, Montgomery County.

Decided May 15, 1973.

Attorney(s) appearing for the Case

Messrs. Skilken & Kidd and Mr. Ralph A. Skilken, Jr., of counsel, for appellants-cross appellees.

Mr. James W. Drake, city attorney, Mr. H. Donald Hawkins and Mr. Thomas P. Randolph, for appellees-cross appellants.

CRAWFORD, P. J.

Plaintiffs are the Fraternal Order of Police, city firefighters and four individuals listed on the most recent promotional eligibility list in the police and fire departments of the city of Dayton. The defendants are the city of Dayton, its city manager, civil service board and city commission.

The original complaint alleges as a first cause of action that the various promotional eligibility...

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