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BIG JOHN'S BILLIARDS, INC. v. STATE

No. S-11-077.

811 N.W.2d 205 (2012)

283 Neb. 496

BIG JOHN'S BILLIARDS, INC., appellee and cross-appellant, v. STATE of Nebraska et al., appellants and cross-appellees.

Supreme Court of Nebraska.

March 16, 2012.

Attorney(s) appearing for the Case

Jon Bruning , Attorney General, Dale A. Comer , Lynn A. Melson , Lincoln, and Natalee J. Hart for appellants.

Theodore R. Boecker, Jr. , of Boecker Law, P.C., L.L.O., for appellee.

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

CONNOLLY, J.

SUMMARY

In this declaratory judgment action, we are asked to decide whether certain exemptions under the Nebraska Clean Indoor Air Act (the Act)1 are constitutional. The district court determined that the exemptions were unconstitutional. We do not reach the issue because we conclude that the State has not appealed from a final order.

BACKGROUND

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