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STATE EX REL. SPIRE v. BEERMANN

No. 89-738.

455 N.W.2d 749 (1990)

235 Neb. 384

STATE of Nebraska ex rel. Robert M. SPIRE, Attorney General of the State of Nebraska, Relator, v. Allen J. BEERMANN, Secretary of State of the State of Nebraska, Respondent.

Supreme Court of Nebraska.

May 18, 1990.

Attorney(s) appearing for the Case

Robert M. Spire, Atty. Gen., relator pro se., and Harold I. Mosher, Lincoln, for relator.

Dean G. Kratz and Patrick J. Barrett, of McGrath, North, Mullin & Kratz, Omaha, for respondent.

Bert L. Overcash and Gary B. Schneider, of Woods & Aitken, Lincoln, for amicus curiae, Bd. of Trustees of the Nebraska State Colleges.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

PER CURIAM.

This is an original action concerning the alleged unconstitutionality of §§ 6 to 11 of 1989 Neb.Laws, L.B. 247, of the Ninety-first Legislature, First Session, which legislation is now codified as Neb.Rev.Stat. §§ 85-1, 118 to 85-1, 123 (Supp.1989).

Neb. Const. art. V, § 2, provides, in part: "No legislative act shall be held unconstitutional except by the concurrence of five...

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