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SCHMITT v. CITY OF OMAHA

No. 39267.

217 N.W.2d 86 (1974)

191 Neb. 608

Earl SCHMITT, Appellant, v. CITY OF OMAHA, Appellee.

Supreme Court of Nebraska.

April 4, 1974.

Attorney(s) appearing for the Case

John J. Powers, Marvin L. Green, White, Lipp, Simon & Powers, Omaha, for appellant.

Herbert M. Fitle, City Atty., George F. Selders, Jr., Asst. City Atty., Thomas F. Dowd, Jr., Omaha, for appellee.

Heard before WHITE, C.J., SPENCER, BOSLAUGH, McCOWN, NEWTON, and CLINTON, JJ., and FLORY, District Judge.

SPENCER, Justice.

This case involves a claim for full salary payments under a 1967 amendment to section 7.36.195 of the Omaha municipal code. Earl Schmitt is a totally disabled former city fireman who was dropped from the fire department in February of 1958. His previous application for disability benefits in July of 1958 was denied and an action in the compensation court was dismissed. When his claim under the amended ordinance was rejected by the city council on...

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