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NEBRASKA DEPT. OF ROADS EMP. A. v. DEPARTMENT OF ROADS

No. CV72-L-183.

364 F.Supp. 251 (1973)

NEBRASKA DEPARTMENT OF ROADS EMPLOYEES ASSOCIATION, an unincorporated association, and Richard Kiernan, Plaintiffs, v. DEPARTMENT OF ROADS, STATE OF NEBRASKA, and Thomas D. Doyle, State Engineer and Director of the Department of Roads, Defendants.

United States District Court, D. Nebraska.

August 8, 1973.

Attorney(s) appearing for the Case

Douglas Marti, Lincoln, Neb., for plaintiffs.

James J. Duggan, Asst. Atty. Gen., for defendants.

MEMORANDUM OF DECISION

URBOM, Chief Judge.

Richard Kiernan seeks relief from the effects of his discharge from public employment in the Department of Roads of the State of Nebraska. The claim is that his discharge was for one or more reasons which the United States Constitution forbids the state to use. As explained in this memorandum, this court concludes that he is right in this claim and that he therefore is entitled to relief.

The action is founded...

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