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STATE EX REL. LEMON v. GALE

No. S-06-909.

721 N.W.2d 347 (2006)

272 Neb. 295

STATE of Nebraska EX REL. Greg LEMON, appellee and cross-appellant, v. The Honorable John A. GALE, Nebraska Secretary of State, appellant and cross-appellee.

Supreme Court of Nebraska.

September 15, 2006.

Attorney(s) appearing for the Case

Jon Bruning, Attorney General, L. Jay Bartel, and Dale A. Comer, Lincoln, for appellant.

Alan E. Peterson, of Cline, Williams, Wright, Johnson & Oldfather, L.L.P., and W. Scott Davis and Jacob P. Wobig, of Baylor, Evnen, Curtiss, Grimit & Witt, L.L.P., Lincoln, for appellee.

CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ., and Inbody, Chief Judge, and HANNON, Judge, Ret.

PER CURIAM.

Nebraska Secretary of State John A. Gale refused to place two initiative measures on the ballot for the November 7, 2006, general election, finding that the measures were so similar to three initiative measures submitted at the 2004 election that they contravened the resubmission clause in article III, § 2, of the Nebraska Constitution. Appellee Greg Lemon brought this action in the district court for Lancaster County pursuant to Neb.Rev.Stat. §...

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