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McCARTER v. CITY OF CINCINNATI

No. C-800615.

3 Ohio App. 3d 244 (1981)

McCARTER, APPELLEE, v. CITY OF CINCINNATI ET AL., APPELLANTS.

Court of Appeals of Ohio, Hamilton County.

Decided November 25, 1981.

Attorney(s) appearing for the Case

Messrs. Swain & Hardin and Mr. Donald E. Hardin, for appellee.

Mr. Richard A. Castellini, city solicitor, and Mr. Paul R. Berninger, for appellants.

I

BLACK, P.J.

The principal questions presented in this appeal are (1) whether the Cincinnati City Manager must affirmatively declare the existence of a vacancy in the rank of police captain before the civil service commission can hold a competitive promotional examination for eligible police lieutenants,1 and (2) whether those provisions of R.C. 124.44 are mandatory that call for the holding of such an examination within sixty...

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