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KING v. SCH. DIST. OF OMAHA, IN CTY. OF DOUGLAS

No. 40620.

248 N.W.2d 752 (1976)

197 Neb. 303

Gerald KING, etc., Appellant, v. The SCHOOL DISTRICT OF OMAHA, IN the COUNTY OF DOUGLAS, in the State of Nebraska, a political subdivision of the State of Nebraska, Appellee.

Supreme Court of Nebraska.

December 29, 1976.

Attorney(s) appearing for the Case

Mark D. McGuire, of Crosby, Guensel, Davis, Kessner & Kuester, Lincoln, for appellant.

Alex M. Clarke, of Baird, Holm, McEachen, Pedersen, Hamann & Haggart, Omaha, for appellee.

Heard before WHITE, C. J., McCOWN, and CLINTON, JJ., and STUART and RIST, District Judges.

RIST, District Judge.

This is an action for a declaratory judgment wherein the plaintiff seeks a construction of section 55-160, R.R.S.1943, which would require the defendant, his employer, to pay his full salary for all working days while he was on active duty with the Nebraska National Guard during an emergency. The trial court determined that under the above statute plaintiff was entitled to receive from the defendant that portion of his salary or compensation...

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