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MAIN ST. MOVIES, INC. v. WELLMAN

No. S-98-102.

598 N.W.2d 754 (1999)

257 Neb. 559

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.

August 27, 1999.

Attorney(s) appearing for the Case

Don Stenberg, Attorney General, and William L. Howland, Lincoln, for appellant.

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

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

WRIGHT, J.

NATURE OF CASE

Main Street Movies, Inc. (Main Street), brought this action for declaratory judgment pursuant to Neb.Rev.Stat. § 28-801 et seq. (Reissue 1995, specifically § 28-820, against Michael Wellman, Sarpy County Attorney. Main Street sought a determination whether certain videotape movies explicitly depicting variety of sexual acts, which movies Main Street offered for rental and sale to the public, were criminally obscene.

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