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STATE, EX REL. FRATERNAL ORDER OF POLICE v. DAYTON

No. 76-956.

49 Ohio St. 2d 219 (1977)

THE STATE, EX REL. FRATERNAL ORDER OF POLICE, CAPTAIN JOHN C. POST LODGE No. 44, ET AL., APPELLEES, v. CITY OF DAYTON, APPELLANT, ET AL.

Supreme Court of Ohio.

Decided March 16, 1977.

Attorney(s) appearing for the Case

Messrs. Gianuglou & Brannon, Mr. Dwight D. Brannon and Mr. Gerald H. Wilks, for appellee Fraternal Order of Police.

Mr. Paul M. Hunter and Mr. Michael L. Monta, for appellee Dayton Black Police Association.

Messrs. Smith & Schnacke, Mr. Edward B. Mitchell and Mr. James W. Drake, city attorney, for appellant.

WILLIAM B. BROWN, J.

The history of the dispute in this cause dates back at least to 1972, when the civil service board of the city of Dayton attempted to establish new eligibility lists for promotion in the police department as part of an affirmative action program to encourage minority members to enter the police force. Differences over this policy produced a tangle of litigation in both state and federal courts,1 with the result that...

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