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18-3073 - Bernbeck et al v. Gale


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18-3073 - Bernbeck et al v. Gale
June 14, 2018
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ORDER - The parties' Stipulation (filing 13) is approved. Section 2 of Legislative Bill 874, 104th Leg. Sess. (Neb. 2016), codified at Neb. Rev. Stat. § 32-618(2) (Reissue 2016), is unconstitutional. Section 11 of Legislative Bill 874, 104th Leg. Sess. (Neb. 2016), is unconstitutional to the extent it authorizes the repeal of original § 32-618(2). Section 32-618(2) (Cum. Supp. 2014) remains in full force and effect. The remaining sections of Legislative Bill 874, 104th Leg. Sess. (Neb. 2016), are severable. The defendant is permanently enjoined from taking any action to enforce Section 2 of Legislative Bill 874, 104th Leg. Sess. (Neb. 2016). The plaintiffs' second claim is dismissed without prejudice. A separate judgment will be entered. Ordered by Judge John M. Gerrard. (LKO)