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SCHEUER v. CREIGHTON UNIVERSITY

No. 41232.

260 N.W.2d 595 (1977)

199 Neb. 618

Edwin G. SCHEUER, Jr., PH.D., Appellant, v. CREIGHTON UNIVERSITY, a Nebraska non-profit Corporation, Appellee.

Supreme Court of Nebraska.

December 21, 1977.

Attorney(s) appearing for the Case

William J. Riedmann and E. Terry Sibbernsen, of Riedmann & Welsh, Omaha, for appellant.

Lyle E. Strom, Robert L. Matthews, Jr., of Fitzgerald, Brown, Leahy, Strom, Schorr & Barmettler, Omaha, for appellee.

David M. Rabban, American Assoc. of University Professors, Washington, D. C., Matthew W. Finkin, Dallas, Tex. (amicus curiae brief).

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

SPENCER, Justice.

This is an action for reinstatement of employment. Edwin G. Scheuer, Jr., was terminated as an assistant professor at the School of Pharmacy of Creighton University, on the ground of financial exigency in that school. The trial court dismissed his petition. Two questions are presented: (1) Should the contract be construed to require a showing of financial exigency on the part of the University as a whole or only as to the School of Pharmacy; and...

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