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STATE EX REL. FERN v. CITY OF CINCINNATI

No. C-040570.

161 Ohio App.3d 804 (2005)

2005-Ohio-3168

STATE of Ohio ex rel. FERN, Appellee, v. CITY OF CINCINNATI et al., Appellants.

Court of Appeals of Ohio, First District, Hamilton County.

Decided June 24, 2005.

Attorney(s) appearing for the Case

Gary R. Lewis and Gary R. Lewis Co., L.P.A., for appellee.

Julie McNeil, Cincinnati City Solicitor, and Richard Ganulin, Assistant City Solicitor, for appellants.

MARK P. PAINTER, Presiding Judge.

{¶ 1} Defendants-appellants, the city of Cincinnati, Cincinnati City Manager Valerie Lemmie, and the Cincinnati Civil Service Commission (collectively, "the city"), appeal the trial court's grant of summary judgment in favor of plaintiff-appellee Michael Fern. We reverse.

{¶ 2} Fern, a Cincinnati police sergeant, took a promotional exam for Cincinnati Police lieutenant. After receiving the...

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