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CITY OF OMAHA v. CITY OF ELKHORN

Nos. S-07-174, S-07-263.

752 N.W.2d 137 (2008)

276 Neb. 70

CITY OF OMAHA, Nebraska, a municipal corporation, and City of Omaha Mayor Michael Fahey, appellees, v. CITY OF ELKHORN, Nebraska, a municipal corporation, and Fraternal Order of Police Lodge No. 53, appellants.

Supreme Court of Nebraska.

July 11, 2008.

Attorney(s) appearing for the Case

Jeff C. Miller, Duncan A. Young, and Keith I. Kosaki, of Young & White, Omaha, for appellants.

William M. Lamson, Jr., Lawrence F. Harr, and Craig F. Martin, of Lamson, Dugan & Murray, L.L.P., and Paul D. Kratz, Omaha City Attorney, and Alan M. Thelen, Omaha, for appellees.

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

MILLER-LERMAN, J.

I. NATURE OF CASE

These two cases, Nos. S-07-174 and S-07-263, consolidated for appeal, arise from an annexation dispute. In these appeals, we are asked to determine whether certain contract provisions requiring continued employment and allowing for the payment of severance benefits in the event the City of Elkhorn, Nebraska (Elkhorn), was annexed by the City of Omaha, Nebraska, appellee (Omaha), are valid and enforceable. In each case...

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