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NIEMOLLER v. CITY OF PAPILLION

No. S-07-893.

752 N.W.2d 132 (2008)

276 Neb. 40

Daniel J. NIEMOLLER, Appellant, v. CITY OF PAPILLION, Appellee.

Supreme Court of Nebraska.

July 3, 2008.

Attorney(s) appearing for the Case

Leanne A. Gifford, of Scheldrup, Blades, Schrock, Sand & Aranza, P.C., for appellant.

Michaelle L. Baumert and Monica K. Hoppe, of Husch, Blackwell & Sanders, L.L.P., Omaha, for appellee.

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

STEPHAN, J.

The issue presented in this appeal is whether compliance with the claim requirement of Neb.Rev.Stat. § 16-726 (Reissue 1997) is a condition precedent to an action against a city of the first class under the Nebraska Wage Payment and Collection Act (NWPCA), Neb.Rev.Stat. §§ 48-1228 to 48-1232 (Reissue 2004). We conclude that it is.

BACKGROUND

Daniel J. Niemoller commenced this action against the City of Papillion, Nebraska...

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