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TIPP-IT, INC. v. CONBOY

No. S-98-096.

596 N.W.2d 304 (1999)

257 Neb. 219

TIPP-IT, INC., a Nebraska Corporation, Appellant, v. Martin J. CONBOY, City Prosecutor, Omaha, Douglas County, Nebraska, Appellee.

Supreme Court of Nebraska.

July 9, 1999.

Attorney(s) appearing for the Case

Jeffrey A. Silver, Omaha, for appellant.

Alan M. Thelen, Assistant Omaha City Attorney, for appellee.

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

HENDRY, C.J.

I. PROCEDURAL HISTORY

Tipp-It, Inc., a Nebraska corporation, and Terry Tippit, the operator of the "Run Bar" (jointly referred to as "Tipp-It"), brought a declaratory judgment action pursuant to Neb.Rev.Stat. § 28-820 (Reissue 1995), seeking a judgment that certain putative works of art, namely exhibits 1 through 3, were not obscene within the definition of obscenity contained in Neb. Rev.Stat. § 28-814 (Reissue 1995). Martin J. Conboy...

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