Ohio Supreme Court December 19, 1990, No. 89-1388 (State ex rel. Habe v. City of South Euclid)

Per Curiam.

Appellant claims that civil service commission rules that provide for appointments in a municipal police department do not supersede similar but conflicting provisions of R.C. 124.44, and that the court of appeals erred in refusing to issue a writ of mandamus based upon the finding that there were no vacancies in the position of sergeant at the time this action was filed. We disagree.