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MAJOR LIQUORS, INC. v. CITY OF OMAHA

No. 38330.

198 N.W.2d 483 (1972)

188 Neb. 628

MAJOR LIQUORS, INC., d/b/a Silver Tap, Appellee, Impleaded with Caesar's Palace, Inc., Appellant, N L J G, Inc., d/b/a Mickey's et al., Appellees, v. CITY OF OMAHA, Nebraska, a Municipal Corporation, et al., Appellees.

Supreme Court of Nebraska.

June 16, 1972.

Attorney(s) appearing for the Case

Stern, Harris, Feldman, Becker & Thompson, Omaha, for appellant.

Walter J. Matejka, Omaha, for Major Liquors, Inc.

Herbert M. Fitle, City Atty., Frederick A. Brown, Edward M. Stein, Gary P. Bucchino, Roger G. Stanway, Omaha, for appellees.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON and CLINTON, JJ.

NEWTON, Justice.

In this action the sole plaintiff to appeal challenges the constitutionality of an ordinance of the city of Omaha which provides for the revocation of a liquor license if topless dancing by a female is permitted on the licensed premises. It is asserted that the ordinance conflicts with the First Amendment to the Constitution of the United States which guarantees freedom of speech and with the provisions of the Fourteenth Amendment for equal protection...

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