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STATE EX REL. KILGORE v. CITY OF CINCINNATI

Appeal No. C-110007.

2012 Ohio 4406

STATE OF OHIO EX REL. DANITA KILGORE, Relator-Appellee, and STATE OF OHIO EX REL. MICHAEL HUDEPOHL, Relator, v. CITY OF CINCINNATI, Respondent-Appellant/Third-Party Plaintiff, and QUEEN CITY LODGE NO. 69, FRATERNAL ORDER OF POLICE, Third-Party Defendant.

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

September 28, 2012.

Attorney(s) appearing for the Case

Manley Burke, LPA, Timothy M. Burke and Brennan C. Grayson , for Relator-Appellee, Danita Kilgore.

John P. Curp , City Solicitor, and Augustine Giglio , for Respondent-Appellant/Third-Party Plaintiff, the City of Cincinnati.

OPINION

PER CURIAM.

{¶1} Respondent-appellant/third-party plaintiff, the city of Cincinnati, appeals from the judgment of the Hamilton County Court of Common Pleas granting a writ of mandamus ordering the city to promote relator-appellee, police sergeant Danita Kilgore, to the rank of police lieutenant. Because Sergeant Kilgore has not demonstrated that a vacancy in the lieutenant ranks existed on or before the original expiration...

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