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FERGUSON v. UNION PACIFIC R. CO.

No. S-98-652.

601 N.W.2d 907 (1999)

258 Neb. 78

Scott FERGUSON, appellant and cross-appellee, v. UNION PACIFIC RAILROAD COMPANY, appellee and cross-appellant.

Supreme Court of Nebraska.

November 5, 1999.

Attorney(s) appearing for the Case

James C. Bocott, of Ruff Nisley & Lindemeier, North Platte, for appellant.

Brenda J. Council, Omaha, for appellee.

HENDRY, C.J., WRIGHT, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

STEPHAN, J.

Scott Ferguson brought this action to recover compensation allegedly due him from his employer, Union Pacific Railroad Company (Union Pacific), for periods when he was on active duty with the U.S. Army Reserve. The district court for Lincoln County determined, as a matter of law, that Ferguson's claim lacked merit and therefore entered summary judgment in favor of Union Pacific. Ferguson appealed, and we moved the appeal to our docket on our own motion...

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