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STATE EX REL. FINN v. CITY OF GARFIELD HEIGHTS

No. 72-459.

34 Ohio St. 2d 5 (1973)

THE STATE, EX REL. FINN, APPELLEE, v. CITY OF GARFIELD HEIGHTS ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided April 11, 1973.

Attorney(s) appearing for the Case

Messrs. Barragate & Barragate, for appellee.

Mr. Theodore S. Holtz, director of law, for appellants.

WILLIAM B. BROWN, J.

The issue presented in this case is: Whether a writ of mandamus should issue to compel the respondents, officials of the city of Garfield Heights, to elevate the top person on the civil service eligibility list to a position of captain in the fire department, where that position was created by ordinance of city council but was not funded.

There is no dispute that city council adopted an ordinance on December 8, 1969, that increased the...

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