KOHLBECK v. CITY OF OMAHA

No. 81-703.

318 N.W.2d 742 (1982)

211 Neb. 372

Joseph KOHLBECK, Appellant, v. CITY OF OMAHA, Nebraska, a municipal corporation, Appellee.

Supreme Court of Nebraska.

April 23, 1982.


Attorney(s) appearing for the Case

Thomas F. Dowd of Dowd & Fahey Law Offices, Omaha, for appellant.

Herbert M. Fitle and George S. Selders, Jr., Omaha, for appellee.

Heard before KRIVOSHA, C. J., and BOSLAUGH, McCOWN, CLINTON, WHITE, HASTINGS, and CAPORALE, JJ.


KRIVOSHA, Chief Justice.

This appeal presents to the court the question whether the enactment by a municipal corporation of an ordinance, later declared invalid by the Supreme Court, is a fraudulent act which denies to the municipal corporation the right to raise the defense of statute of limitations when sued by an employee not a party to the action in which the ordinance was declared void. We believe it is not, and affirm the action of the three-judge Workmen's...

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