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073942P.pdf 07/31/2009 Perry Barnes v. City of Omaha
U.S. Court of Appeals Case No: 07-3942
District of Nebraska - Omaha
[PUBLISHED] [Melloy, Author, with Arnold and Benton, Circuit Judges]
Civil case - civil rights. The Nebraska Supreme Court has held that
when the city of Omaha annexed the city of Elkhorn, it succeeded to
Elkhorn's contractual agreements to plaintiffs under the Elkhorn
Collective Bargaining Agreement; as a result, the Elkhorn CBA, not the
Omaha CBA, governed any potential employment agreement which
existed between Omaha and the plaintiff Elkhorn police officers; the
severance provisions of the Elkhorn CBA prevented plaintiffs from
possessing property interests in employment with Omaha; because
plaintiffs had no legitimate claim to employment with Omaha, their
termination did not give rise to a due process claim.