State Ex Rel. Schaub v. City of Scottsbluff

This is an action for a writ of mandamus to compel the city of Scottsbluff to restore Harry Schaub to his employment as a member of the fire department as of July 1, 1955, and to pay his salary as such from said date. The trial court denied the writ and relator appeals.

It is not disputed that the city at all times herein mentioned was a city of the first class with a population of less than 40,000, which had not adopted a home rule charter, and that it maintained a fire department with paid members. Schaub became a member of the fire department on June 20, 1949, and thereupon became entitled…