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BUCKLEY v. CITY OF CINCINNATI

No. 79-1421.

63 Ohio St. 2d 42 (1980)

BUCKLEY ET AL., APPELLANTS, v. CITY OF CINCINNATI ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 2, 1980.

Attorney(s) appearing for the Case

Messrs. Davis, Hengelbrok & Sachs, and Mr. James W. Hengelbrok, for appellants Buckley and Brinker.

Mr. Donald E. Hardin, for appellants Dunaway and Nesmith.

Mr. Philip S. Olinger, acting city solicitor, and Mr. Paul R. Berninger, for appellees.

HOLMES, J.

Ordinance No. 258-1977 of the city of Cincinnati purports to amend Section 1, Article XVII of the Administrative Code of the city of Cincinnati. As amended,1 that section provides, in pertinent part, as follows:

"All persons hereafter appointed to positions in the city service shall be residents of the city of Cincinnati at the time of their appointment and shall continue to maintain their primary place of residence...

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