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HARNETT v. CITY OF OMAHA

No. 38265.

197 N.W.2d 375 (1972)

188 Neb. 449

Charles J. HARNETT, Appellee, v. CITY OF OMAHA, a Municipal Corporation et al., Appellants.

Supreme Court of Nebraska.

May 12, 1972.

Attorney(s) appearing for the Case

Herbert M. Fitle, City Atty., James E. Fellows, Asst. City Atty., Schrempp & Bruckner, J. William Gallup, Omaha, for appellants.

Paul E. Watts, Michael N. Schirber, Samuel A. Boyer, Jr., Stephen Greenberg, Omaha, for appellee.

Heard before WHITE, C. J., BOSLAUGH, McCOWN, and CLINTON, JJ., and COLWELL, District Judge.

BOSLAUGH, Justice.

This is a proceeding in error to review an order of the personnel board of the City of Omaha, Nebraska, dismissing Charles J. Harnett, a patrolman, from the Omaha police department. The trial court set aside the order of the personnel board and ordered the plaintiff Harnett reinstated. The City of Omaha et al., and Richard J. Dinsmore, a taxpayer, have appealed.

On September 5, 1970, the plaintiff arrested Eileen M. Waites, an 18-year-old...

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