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NEBRASKA MESSENGER SERVICES ASS'N v. THONE

No. 79-1820.

611 F.2d 250 (1979)

NEBRASKA MESSENGER SERVICES ASSOCIATION and Jo Mooney, Ken Schwartz, Walt Bolton, Paul Allen, Ron Bernt and Peter Huffman, Appellants, v. Charles THONE, Governor of the State of Nebraska; Paul Douglas, Attorney General for the State of Nebraska; and Donald L. Knowles, County Attorney for Douglas County, Nebraska, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 14, 1979.

Attorney(s) appearing for the Case

Mark Theisen (argued) and Richard J. Bruckner, Omaha, Neb., on brief, for appellants.

Ralph H. Gillan, Asst. Atty. Gen. (argued) and Paul L. Douglas, Atty. Gen., Lincoln, Neb., on brief, for appellees.

Before BRIGHT, ROSS and STEPHENSON, Circuit Judges.

PER CURIAM.

Nebraska Messenger Services Association (Association) brought this purported class action seeking to have Neb.Rev.Stat. § 2-1221 (1978 Supp.) declared unconstitutional and its enforcement enjoined. That statute1 makes illegal the services that members of the Association provide to Nebraskans who desire to participate in parimutuel betting on horseracing without personally attending the race. The district court, the Honorable...

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