United States Eighth Circuit

In an employment termination dispute, district court judgment is affirmed where: 1) the Elkhorn collective bargaining agreement and not the Omaha collective bargaining agreement governed any potential employment agreement which existed between defendant and plaintiff Elkhorn police officers, as the city of Omaha succeeded to Elkhorn's contractual agreements to plaintiffs under the Elkhorn collective bargaining agreement when it annexed the city of Elkhorn; 2) the severance provision of the Elkhorn collective bargaining agreement prevented plaintiffs from possessing property interests in employment positions with defendant; and 3) plaintiff's termination did not give rise to a due process claim as plaintiffs had no legitimate claim of entitlement to employment with defendant.

Appellate Information

• Decided 07/31/2009
• Published 07/31/2009

Judges

• MELLOY, Circuit Judge., Before MELLOY, ARNOLD, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jerold V. Fennell, argued, Elm Grove, WI, for appellant.


• For Appellees:
  
• Alan M. Thelen, argued, Omaha, NE, for appellee.