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STATE v. GARBER

No. S-95-647.

545 N.W.2d 75 (1996)

249 Neb. 648

STATE of Nebraska, Appellant and Cross-Appellee, v. Lloyd F. GARBER, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

March 15, 1996.

Attorney(s) appearing for the Case

Joseph M. Casson, Jefferson County Attorney, for appellant.

Robert B. Creager, of Anderson, Creager & Wittstruck, P.C., Lincoln, and Joseph F. Chilen, Fairbury, for appellee.

WHITE, C.J., and CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, CONNOLLY, and GERRARD, JJ.

CAPORALE, Justice.

I. STATEMENT OF CASE

Finding that the statutes under which the defendant-appellee, Lloyd F. Garber, was charged with two counts of odometer fraud unconstitutionally deprived him of the equal protection of the law guaranteed by U.S. Const. amend. XIV, the district court dismissed the information. The plaintiff-appellant, State of Nebraska, took exception to the ruling, and this court granted the State's application to appeal the aforesaid...

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