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SIMMONS v. JAMES

No. 77-2162.

467 F.Supp. 1068 (1979)

Iley SIMMONS et al., Plaintiffs, v. James R. JAMES, Judicial Administrator and the State of Kansas, Defendants.

United States District Court, D. Kansas.

March 30, 1979.

Attorney(s) appearing for the Case

Richard C. Wallace, Wyandotte County Legal Aid Society, Kansas City, Kan., for plaintiffs.

Robert T. Stephan, Atty. Gen., by Janet Chubb, Asst. Atty. Gen., Topeka, Kan., for defendants.

MEMORANDUM AND ORDER

ROGERS, District Judge.

This class action which challenges the validity of the Kansas "recoupment" statute, K.S.A. 1978 Supp. 22-4513, seeks declaratory injunctive and monetary relief. The action is brought under the federal civil rights statutes, and jurisdiction is conferred by 28 U.S.C. § 1343.

By order of August 10, 1978, Judge O'Connor certified the claims for declaratory and injunctive relief for class action treatment...

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