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STATE, ETC. v. CITY OF OMAHA

No. 41606.

268 N.W.2d 438 (1978)

201 Neb. 491

STATE of Nebraska, COMMISSIONER OF LABOR FOR the DEPARTMENT OF LABOR, Appellant, v. CITY OF OMAHA, a City of the Metropolitan Class, et al., Appellees.

Supreme Court of Nebraska.

July 26, 1978.

Attorney(s) appearing for the Case

Thomas R. Pansing, Jr. of Gaines, Otis, Mullen & Carta, Omaha, for appellant.

Kent N. Whinnery, Asst. City Atty., Omaha, for appellees.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, CLINTON, BRODKEY, and WHITE, JJ.

SPENCER, Justice.

This is an action by the Commissioner of Labor for the Department of Labor on behalf of James L. Bookwalter. The Commissioner seeks a writ of mandamus ordering the City of Omaha to comply with an order of the Department to grant Bookwalter all his rights under section 55-161, R.R.S.1943. This involved reemploying him, restoring all seniority rights, and allowing him backpay from the time he returned from military service. The trial court denied the...

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