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PIERCE v. CITY OF OGALLALA

No. 84-475.

378 N.W.2d 140 (1985)

221 Neb. 433

Virgil PIERCE, Appellant, v. CITY OF OGALLALA, Nebraska, a Municipal Corporation, et al., Appellees.

Supreme Court of Nebraska.

December 13, 1985.

Attorney(s) appearing for the Case

Gregory J. Beal of Gregory J. Beal & Associates, P.C., Ogallala, for appellant.

Paul D. Merritt, Jr., of McGinley, Lane, Mueller, O'Donnell & Merritt, P.C., Ogallala, for appellee City.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, and GRANT, JJ.

GRANT, Justice.

Appellant, Virgil Pierce, filed this action seeking disability retirement benefits under the pension and retirement plan of the City of Ogallala, Nebraska (hereinafter City). Pierce had received a 40-percent vesting percentage based upon his time with the police force under the plan but, in this action, sought 100 percent vesting based upon the provision of the plan for 100 percent vesting if an employee was injured, rendered incapable of fully performing...

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