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STATE EX REL. PAPIN v. HUDDLE

No. 78-112.

56 Ohio St. 2d 77 (1978)

THE STATE, EX REL. PAPIN, APPELLEE AND CROSS-APPELLANT, v. HUDDLE, DIRECTOR, APPELLANT AND CROSS-APPELLEE.

Supreme Court of Ohio.

Decided November 8, 1978.

Attorney(s) appearing for the Case

Messrs. Wistner & Foley, Mr. Robert N. Wistner, Messrs. Tudor, Cloud & Cesner and Mr. Clifford R. Cloud, for appellee and cross-appellant.

Mr. Gregory S. Lashutka, city attorney, Mr. Patrick M. McGrath and Mr. Donald R. Keller, for appellant and crossappellee.

WILLIAM B. BROWN, J.

The main issue raised by the instant cause is whether the Court of Appeals correctly determined that relator was wrongfully excluded from employment pursuant to Rule XIII(C) of the Columbus Municipal Civil Service Commission or Section 149(m) of the Columbus City Charter and that, therefore, mandamus should lie to compel respondent to reinstate relator.

I.

The Court of Appeals determined that relator was wrongfully excluded from...

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