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NAEG v. NEBRASKA HORSEMEN'S BENEV. ASS'N

No. S-98-828.

605 N.W.2d 803 (2000)

258 Neb. 690

NEBRASKANS AGAINST EXPANDED GAMBLING, INC., and Brian Fontana, appellants, v. NEBRASKA HORSEMEN'S BENEVOLENT & PROTECTIVE ASSOCIATION et al., appellees.

Supreme Court of Nebraska.

January 28, 2000.

Attorney(s) appearing for the Case

Todd E. Frazier and C.G. Jolly, Jr., of Frazier, Wieland, Bataillon & Katz, Omaha, for appellants.

Don Stenberg, Attorney General, and L. Jay Bartel, Lincoln, for appellees Janell Beveridge, Allan Eurek, and Dennis Lee.

Michael J. Lehan and Jeffery R. Kirkpatrick, of Kelley, Lehan & Hall, P.C., Omaha, for appellee Nebraska Horsemen's Benevolent & Protective Association.

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

CONNOLLY, J.

The appellants, Nebraskans Against Expanded Gambling, Inc. (NAEG), and Brian Fontana, brought the instant action against the Nebraska Horsemen's Benevolent & Protective Association (NHBPA) and the commissioners of the Nebraska State Racing Commission (collectively the appellees). The NHBPA had received licenses from the commission to conduct simulcast horseracing. The appellants sought a declaratory judgment that any simulcast racing events conducted...

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