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STATE, DEPT. OF CORR. SERVICES v. GALLAGHER

No. 82-644.

334 N.W.2d 458 (1983)

214 Neb. 487

STATE of Nebraska, DEPARTMENT OF CORRECTIONAL SERVICES, Appellant and Cross-Appellee, v. Robert GALLAGHER, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

May 27, 1983.

Attorney(s) appearing for the Case

Paul L. Douglas, Atty. Gen., and J. Kirk Brown, Asst. Atty. Gen., Lincoln, for appellant.

Steven E. Achelpohl and Gregg H. Coffman of Dwyer, O'Leary & Martin, P.C., Omaha, for appellee.

KRIVOSHA, C.J., BOSLAUGH, McCOWN, WHITE, HASTINGS, and CAPORALE, JJ., and COLWELL, District Judge, Retired.

McCOWN, Justice.

This is an appeal from an order of the District Court affirming an order of the State Personnel Board reinstating appellee, Robert Gallagher, to his employment as a parole officer with the Department of Correctional Services, and denying a request for backpay. The State has appealed from the order of reinstatement, and the appellee has cross-appealed from that portion of the order denying him backpay.

On December 6, 1980, Robert Gallagher...

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