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HOIENGS v. COUNTY OF ADAMS

No. S-92-777.

516 N.W.2d 223 (1994)

245 Neb. 877

Daniel HOIENGS, on Behalf of Himself and All Other Persons Similarly Situated, Appellant, v. COUNTY OF ADAMS et al., Appellees.

Supreme Court of Nebraska.

May 13, 1994.

Attorney(s) appearing for the Case

Richard Scott, Brian R. Watkins, and Mary C. Wickenkamp, Lincoln, for appellant.

Vincent Valentino, of Angle, Murphy, Valentino & Campbell, P.C., York, for appellees County of Adams et al.

Randall L. Goyette and David D. Zwart, of Baylor, Evnen, Curtiss, Grimit & Witt, Lincoln, for appellees County of Burt et al.

Daniel E. Klaus, of Rembolt Ludtke Parker & Berger, Lincoln, for appellee County of Seward.

Don Stenberg, Atty. Gen., and Fredrick F. Neid, Lincoln, for appellee Retirement System for Nebraska Counties.

HASTINGS, C.J., and BOSLAUGH, CAPORALE, FAHRNBRUCH, LANPHIER, and WRIGHT, JJ.

CAPORALE, Justice.

I. STATEMENT OF CASE

On his own behalf and on behalf of other current and past participants in the defendant-appellee Retirement System for Nebraska Counties (the system), the original plaintiff-appellant, William Fairbanks, then an employee of the defendant-appellee York County, sought a declaration that the employees of the 91 defendant-appellee counties are entitled, under the provisions of the County Employees Retirement Act, Neb.Rev...

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