STATE EX REL. POLEN v. WYMER

No. 73-197.

36 Ohio St. 2d 24 (1973)

THE STATE, EX REL. POLEN, APPELLANT, v. WYMER, APPELLEE.

Supreme Court of Ohio.

Decided October 24, 1973.


Attorney(s) appearing for the Case

Mr. Russell E. Rakestraw, for appellant.

Messrs. Hinton, Noble & Bryant and Mr. Carl W. Hinton, for appellee.


WILLIAM B. BROWN, J.

Respondent contends that (1) an appointee to the position of assistant fire chief pursuant to the civil service statutes can be removed only for cause, as provided in R. C. 143.27, and (2) the position of assistant fire chief is not a public office subject to a writ of quo warranto.

In response to the first contention, respondent was appointed to the position of assistant fire chief on June 14, 1971, effective June 10, 1971, eleven days...

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