STATE EX REL. HABE v. CITY OF SOUTH EUCLID

No. 89-1388.

56 Ohio St. 3d 117 (1990)

THE STATE, EX REL. HABE, APPELLANT, v. CITY OF SOUTH EUCLID ET AL.,APPELLEES.

Supreme Court of Ohio.

Decided December 19, 1990.


Attorney(s) appearing for the Case

Butler, Clarke, Feighan & Hyland, Joseph E. Feighan and Dennis F. Butler, for appellant.

Victor E. DeMarco and Robert P. DeMarco, for appellees.


Per Curiam.

Appellant claims that civil service commission rules that provide for appointments in a municipal police department do not supersede similar but conflicting provisions of R.C. 124.44, and that the court of appeals erred in refusing to issue a writ of mandamus based upon the finding that there were no vacancies in the position of sergeant at the time this action was filed. We disagree.

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