
    38675.
    The State of Ohio, ex rel., Jones, appellee v. Ward, Dir., Department of State Personnel et al., appellants.
   Appeal from the Court of Appeals for Franklin County. Gibson, Judge.

One who has been illegally deprived of civil-service rights does not waive such rights by accepting inconsistent employment during the pendency of litigation respecting those rights. Such a person is entitled to seek, and indeed has a duty to seek, employment to mitigate the loss of income pending a determination of such rights.

Judgment affirmed.

Taft, C. J., Zimmerman, Matthias and Griffith, JJ., concur.

Herbert, J., dissents.

O’Neill, J., not participating.

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