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JACKSON v. BROTH. RELIEF & COMPEN. FUND

No. S-09-812.

779 N.W.2d 589 (2010)

279 Neb. 593

Gerald JACKSON, appellee, v. BROTHERHOOD'S RELIEF AND COMPENSATION FUND, appellant.

Supreme Court of Nebraska.

March 19, 2010.

Attorney(s) appearing for the Case

Renee Eveland, of Wolfe, Snowden, Hurd, Luers & Ahl, L.L.P., Lincoln, for appellant.

Andrew W. Snyder and Maren Lynn Chaloupka, of Chaloupka, Holyoke, Hofmeister, Snyder & Chaloupka, L.L.C., Scottsbluff, for appellee.

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

GERRARD, J.

This is the second time this case has been before us.1 It remains a case about an alleged breach of contract. Gerald Jackson, a railroad employee, sued Brotherhood's Relief and Compensation Fund (the Fund), alleging that the Fund breached its member agreement to pay him "`Held Out of Service'" benefits in the event he was suspended by his employer. The district court found in favor of Jackson. The primary issue presented in...

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