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HUNGLER v. CITY OF CINCINNATI

No. 85-1392.

25 Ohio St. 3d 338 (1986)

HUNGLER ET AL., APPELLANTS AND CROSS-APPELLEES, v. CITY OF CINCINNATI ET AL., APPELLEES AND CROSS-APPELLANTS.

Supreme Court of Ohio.

Decided August 13, 1986.

Attorney(s) appearing for the Case

Swain & Hardin Co., L.P.A., and Donald E. Hardin, for appellants and cross-appellees.

Richard A. Castellini, city solicitor, and Robert H. Johnstone, Jr., for appellees and cross-appellants.

CELEBREZZE, C.J.

Initially, both parties to this appeal have assigned as error the appellate court's determination to remand for further litigation the issue of the city manager's authority to abolish positions in the complement of thirty-nine lieutenants funded through the mandate of city council.1 This issue was not raised either at trial or on appeal and, as the court of appeals itself pointed out, there was not sufficient basis in...

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