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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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