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PIG PRO NONSTOCK CO-OP. v. MOORE

No. S-95-1163.

568 N.W.2d 217 (1997)

253 Neb. 72

PIG PRO NONSTOCK COOPERTIVE, a Nebraska Nonstock Cooperative Corporation, Appellee, v. Scott MOORE, Secretary of State of Nebraska, and Donald B. Stenberg, Attorney General of Nebraska, Appellants.

Supreme Court of Nebraska.

August 29, 1997.

Attorney(s) appearing for the Case

Donald Stenberg, Attorney General, and L. Jay Bartel, Lincoln, for appellants.

Theodore L. Kessner and D. Bryan Wickens, of Crosby, Guenzel, Davis, Kessner & Kuester, for appellee.

Robert V. Broom, of Broom, Johnson & Clarkson, and Allen H. Olson, of University of Arkansas School of Law, for amci curiae David L. Hansen, Everett Holstein, and Friends of the Constitution.

WHITE, C.J., and CAPORALE, WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.

STEPHAN, Justice.

The Nebraska Constitution restricts corporate ownership of farm and ranch land but excepts "non-profit corporations" from those restrictions. The issue of first impression before us in this case is whether a corporation formed pursuant to Nebraska's Nonstock Cooperative Marketing Act, Neb.Rev. Stat. § 21-1401 et seq. (Reissue 1991 & Cum. Supp.1996), falls within this exception. Based upon our independent review of this issue of law, we conclude...

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