MAIN STREET MOVIES, INC. v. WELLMAN

No. S-94-988.

557 N.W.2d 641 (1997)

251 Neb. 367

MAIN STREET MOVIES, INC., a Nebraska Corporation, Appellee, and TV Cats, Inc., et al., Intervenors-Appellees, v. Michael WELLMAN, County Attorney, Sarpy County, Nebraska, Appellee, and State of Nebraska ex rel. Don Stenberg, Attorney General, Intervenor-Appellant.

Supreme Court of Nebraska.

January 3, 1997.


Attorney(s) appearing for the Case

Don Stenberg, Attorney General, and James H. Spears for appellant.

Michael A. Kelley and Christopher D. Jerram, of Kelley & Lehan, P.C., and Richard J. Dinsmore, Omaha, for appellee Main Street Movies and intervenors-appellees.

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


CAPORALE, Justice.

This declaratory judgment action brought by the plaintiff-appellee, Main Street Movies, Inc., against the defendant-appellee, Michael Wellman, County Attorney of Sarpy County, Nebraska, seeks a determination as to whether certain so-called "adult" videotaped movies, explicitly depicting a variety of sexual acts, offered for sale and rental to the public are criminally obscene. The remaining appellees, TV Cats, Inc.; Vichaty, Inc.; and Movietime...

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