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CAVENAUGH v. CITY OF OMAHA

No. A-96-491.

567 N.W.2d 592 (1997)

5 Neb. App. 827

Timothy CAVANAUGH, Appellant, v. CITY OF OMAHA, Appellee.

Court of Appeals of Nebraska.

June 24, 1997.

Attorney(s) appearing for the Case

Thomas F. Dowd, of Dowd, Dowd & Fahey, Omaha, for Appellant.

Kent N. Whinnery, Deputy Omaha City Attorney, and Wendy E. Hahn, Omaha, for Appellee.

IRWIN, SIEVERS, and MUES, JJ.

SIEVERS, Judge.

Timothy Cavanaugh, an Omaha police sergeant, sued the City of Omaha (City), claiming that the City breached the Collective Bargaining Agreement (CBA) between the City and its police union. The alleged breach was in administering a lieutenants eligibility test 2 months later than required by the CBA, which allowed an otherwise ineligible sergeant to be certified for promotion to lieutenant ahead of Cavanaugh.

FACTUAL BACKGROUND

The...

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