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SMITH v. SORENSEN

Nos. 83-2136, 83-2138 and 83-2139.

748 F.2d 427 (1984)

Gloria R. SMITH, Appellee, v. Ronald E. SORENSEN, Commissioner of Labor, Department of Labor, State of Nebraska; William R. Loder, Director, Comprehensive Employment & Training Unit, Department of Labor, State of Nebraska; Department of Labor, State of Nebraska; Director of the Merit System of the State of Nebraska; and State of Nebraska, Appellants. Richard GETTEMY and Donna Polk, Appellees, v. Ronald E. SORENSEN, et al., Appellants. James L. BAUDLER, Appellee, v. Ronald E. SORENSEN, et al., Appellants.

United States Court of Appeals, Eighth Circuit.

Decided November 5, 1984.

Rehearing and Rehearing Denied December 6, 1984.

Attorney(s) appearing for the Case

Mark D. Starr, Lincoln, Neb., for appellants.

Donn E. Davis and Steven D. Burns, Lincoln, Neb., for appellees.

Before LAY, Chief Judge, and McMILLIAN and JOHN R. GIBSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 6, 1984.

JOHN R. GIBSON, Circuit Judge.

Gloria R. Smith, Richard Gettemy, Donna Polk and James L. Baudler, employees of the Comprehensive Employment Training Unit (CETA), a division within the Nebraska Department of Labor, were notified that they were to be laid off. They were so selected because a reduction in force guideline limited consideration of their seniority only to time with CETA instead of the entirety...

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