MEMORANDUM AND ORDER
SCHATZ, District Judge.
This matter is before the Court on the defendant's motion to dismiss the plaintiff's second cause of action, which attacks the constitutionality of Nebraska's motor vehicle guest statute, Neb.Rev. Stat. § 39-740, now codified as Neb.Rev. Stat. § 39-6,191 (Reissue 1974). The statute prohibits a non-paying guest from recovering damages from the owner or operator of a motor vehicle unless the damages are...
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