STATE v. FALLS CITY

No. 35714.

131 N.W.2d 93 (1964)

177 Neb. 677

STATE ex rel. Harrison McILVAIN, Appellee-Cross-Appellant, v. FALLS CITY, a municipal corporation et al., Appellants-Cross-Appellees.

Supreme Court of Nebraska.

October 23, 1964.


Attorney(s) appearing for the Case

Paul P. Chaney, Falls City, for appellants.

Archibald J. Weaver, Falls City, Dwight L. Griffiths, Auburn, for appellee.

Heard before WHITE, C. J., CARTER, MESSMORE, YEAGER, BOSLAUGH, and BROWER, JJ., and DIERKS, District Judge.


CARTER, Justice.

This is an action in mandamus brought by Harrison McIlvain, the relator, to compel the city of Falls City, the respondent, to place the former on the pension rolls of the city as a retired fireman. The trial court found for the relator and the city has appealed.

Relator was first employed by the city as a paid member thereof on October 1, 1928. The city is one of the first class. On May 6, 1959, relator became ill and was unable to report...

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