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PEGASUS OF OMAHA, INC. v. STATE

No. 42135.

280 N.W.2d 64 (1979)

203 Neb. 755

PEGASUS OF OMAHA, INC., a Nebraska Corporation, Appellant, v. STATE of Nebraska et al., Appellees.

Supreme Court of Nebraska.

June 19, 1979.

Attorney(s) appearing for the Case

Richard J. Bruckner, Mark Theisen, and Richard E. Shugrue, Omaha, for appellant.

Paul L. Douglas, Atty. Gen., and Ralph H. Gillan, Asst. Atty. Gen., Lincoln, for appellees.

Heard before KRIVOSHA, C. J., and BOSLAUGH, McCOWN, CLINTON, BRODKEY, WHITE, and HASTINGS, JJ.

PER CURIAM.

The appellant, Pegasus of Omaha, Inc., plaintiff below, filed this action in the District Court for Douglas County, Nebraska, for a declaratory judgment holding that section 2-1221, R.R.S.1943, is unconstitutional. After trial, petition of the plaintiff-appellant was denied. We affirm.

Section 2-1221, R.R.S.1943, in the pertinent part, reads as follows: "Whoever for a fee, directly or indirectly, accepts anything of value to be wagered or to be...

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