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STATE v. CITY OF SCOTTSBLUFF

No. 34619.

100 N.W.2d 202 (1960)

169 Neb. 525

STATE of Nebraska ex rel. Harry SCHAUB, Appellant, v. CITY OF SCOTTSBLUFF, a municipal corporation, Appellee.

Supreme Court of Nebraska.

January 8, 1960.

Attorney(s) appearing for the Case

Wright, Simmons & Harris, Scottsbluff, for appellant.

Loren Olsson, Scottsbluff, for appellee.

Heard before CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.

CARTER, Justice.

This is an action for a writ of mandamus to compel the city of Scottsbluff to restore Harry Schaub to his employment as a member of the fire department as of July 1, 1955, and to pay his salary as such from said date. The trial court denied the writ and relator appeals.

It is not disputed that the city at all times herein mentioned was a city of the first class with a population of less than 40,000, which had not adopted a home rule charter...

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