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  5. 946 F.2d 1233 (1991)
 

PASKVAN v. CITY OF CLEVELAND CIVIL SERVICE COM'N

No. 90-3711.

946 F.2d 1233 (1991)

Joseph PASKVAN, Plaintiff-Appellant, v. CITY OF CLEVELAND CIVIL SERVICE COMMISSION; Mitchel J. Brown; Howard E. Rudolph; and George V. Voinovich, Mayor, City of Cleveland, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 18, 1991.

Attorney(s) appearing for the Case

Edward G. Kramer (argued and briefed), Kramer & Tobocman, David B. Malik (briefed), Cleveland, Ohio, for Joseph Paskvan.

Harold C. Reeder (argued), Franzetta D. Turner (briefed), Craig S. Miller, City of Cleveland Law Dept., Office of Director of Law, Cleveland, Ohio, for City of Cleveland Civil Service Com'n.

Franzetta D. Turner, Craig S. Miller, City of Cleveland Law Dept., Office of Director of Law, Cleveland, Ohio, for Mitchel J. Brown, Director of Public Safety, City of Cleveland, Howard E. Rudolph, Chief of Police, and George V. Voinovich, Mayor, City of Cleveland.

Before KEITH and BOGGS, Circuit Judges, and WELLFORD, Senior Circuit Judge.

WELLFORD, Senior Circuit Judge.

Joseph Paskvan is a police officer employed by the City of Cleveland (the City). In June 1987, he passed an exam given by the City to determine eligibility for promotion to the rank of sergeant. His eligibility was certified in November 1987. Paskvan allegedly ranked third on the eligibility list. Paskvan averred that it was the policy of Cleveland to promote from the eligibility list in the order of rank. In September 1988, all the...

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