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KRAMER v. MISKELL

No. S-94-225.

544 N.W.2d 863 (1996)

249 Neb. 662

Larry KRAMER, Charles Venditte, and Ron Briscoe, in their official capacities as Trustees of the City of Omaha Police and Firemen's Retirement System, et al., Appellants, v. William MISKELL, George Ireland, Lee Terry, and Ray Hasiak, in their official capacities as Trustees of the City of Omaha Police and Firemen's Retirement System, et al., Appellees.

Supreme Court of Nebraska.

March 22, 1996.

Attorney(s) appearing for the Case

John P. Fahey and, on brief, Mary P. Clarkson and Robert W. Kortus, of Broom, Johnson, Fahey & Clarkson, Omaha, for appellants.

James E. Fellows and Kent N. Whinnery, Deputy Omaha City Attorneys, for appellees Miskell et al.

Gary J. Nedved, of Bruckner, O'Gara, Keating, Hendry, Davis & Nedved, P.C., Lincoln, for appellee Mary Robbins.

WHITE, C.J., and CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, CONNOLLY, and GERRARD, JJ.

CAPORALE, Justice.

Designating their petition as one both in error and in equity, the plaintiffs-appellants, Larry Kramer, Charles Venditte, and Ron Briscoe, in their official capacities as members of the board of trustees of the City of Omaha Police and Firemen's Retirement System, and Tom Moen and Mark Lloyd, as members and beneficiaries of the system, on their own behalf and on behalf of others similarly situated, seek a declaration that the defendant-appellee...

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