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GAS 'N SHOP, INC. v. STATE

No. 89-807.

451 N.W.2d 81 (1990)

234 Neb. 309

GAS 'N SHOP, INC., Petitioner, v. STATE of Nebraska and the Nebraska Liquor Control Commission, Respondents.

Supreme Court of Nebraska.

January 26, 1990.

Attorney(s) appearing for the Case

Donald L. Dunn and Kim M. Robak, of Rembolt Ludtke Parker & Berger, Lincoln, for petitioner.

Edwin C. Perry and Maureen A. Lauren, of Perry, Guthery, Haase & Gessford, P.C., Lincoln, for respondents.

William F. Austin, Lincoln City Atty., and Joel D. Pedersen for amicus curiae City of Lincoln.

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

WHITE, Justice.

Petitioner, Gas `N Shop, Inc., a Nebraska corporation, made application to this court for leave to commence an original action pursuant to Neb.Const. art. V, § 2. The application recited that the action was one for declaratory judgment, contending that 1989 Neb.Laws, L.B. 781 is unconstitutional.

This court informed the petitioner that the application for leave to commence an original action would be considered when a stipulation by the...

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