| AMERICAN FEDERATION OF STATE, | | | CASE NO. 139 |
| COUNTY AND MUNICIPAL EMPLOYEES, | | | REP. DOC. NO. 37 |
| AFL-CIO, | | | |
| | | ||
| Plaintiff, | | | |
| | | ||
| v. | | | MEMORANDUM AND ORDER |
| | | ||
| COUNTY OF LANCASTER, | | | |
| NEBRASKA DIVISION OF PUBLIC | | | |
| WELFARE, | | | |
| | | ||
| Defendant. | | |
Before: Judges Wall, Kratz & DeBacker
WALL, J.:
This matter comes before us on Motion of the defendant, County of Lancaster, Nebraska, Division of Public Welfare, to reconsider our Opinion and Order herein. We have carefully re-examined the testimony, the law, and our Opinion, and determine to adhere to our former judgment. The testimony of defendant's witness Lemonds at pp. 24-26 of the record demonstrates the defendant's freedom of action. Indeed, were we to follow defendant's arguments relative to funding and making of rules to their ultimate conclusion, we would find the United States to be the employer-an obviously unnatural and unwarranted conclusion. An examination of the statutory scheme set up under Article 7, Chapter 68, R.R.S. 1943, also clearly demonstrates the intention of the Legislature to establish a county function and level of employment, under the supervision of the state.
IT IS, THEREFORE, ORDERED that the motion of defendant to reconsider the Court's Opinion and Order herein is overruled.
IT IS THEREFORE, ORDERED that the meeting of the court's representative and the parties, previously continued from July 22, 1975, shall be held at 10:30 A.M., August 8, 1975, in the offices of the court's representative at 608 Executive Building, Omaha, Nebraska 68102.
Filed July 25, 1975.
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