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STATE v. OMAHA EXPOSITION & RACING, INC.

No. S-01-973.

644 N.W.2d 563 (2002)

263 Neb. 991

STATE of Nebraska ex rel. Don STENBERG, Attorney General of the State of Nebraska, Relator, v. OMAHA EXPOSITION AND RACING, INC., a Nebraska nonprofit corporation, et al., Respondents.

Supreme Court of Nebraska.

May 31, 2002.

Attorney(s) appearing for the Case

Don Stenberg, Attorney General, and L. Jay Bartel, Lincoln, for relator.

Michael J. Lehan and Michael A. Kelley, of Kelley & Lehan, P.C., Omaha, for respondents.

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

WRIGHT, J.

NATURE OF CASE In this original action, the Attorney General (relator) asks the court to declare (1) that the conduct of "telephonic wagering" pursuant to Neb.Rev.Stat. §§ 2-1230 to 2-1242 (Reissue 1997) violates Neb. Const. art. Ill, § 24, and (2) that licenses to conduct telephonic wagering are void due to the unconstitutionality of the statutes under which they were issued. The relator also seeks to permanently enjoin the respondents...

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