BOARD OF PUBLIC UTILITIES, ETC. v. CITY OF KAN.

Civ.A.No. 80-2139.

496 F.Supp. 389 (1980)

BOARD OF PUBLIC UTILITIES OF KANSAS CITY, Kansas, and Anthony M. Mikesic, Jr.; Maurice R. Holman; Gary R. Stallings, D.V.M.; Clarence R. DeGraeve; Ronald A. Grey, Jr.; and Harold L. Weaver; all as Members of the Board of Public Utilities of Kansas City, Kansas, Plaintiffs, v. CITY OF KANSAS CITY, Kansas, a Municipal Corporation, and John Reardon, Mayor; Patrick Hanlon, Commissioner of Finance, Health and Public Property; L. Robert Zahnter, Commissioner of Streets, Parks and Boulevards; as Commissioners of the City of Kansas City, Kansas; and The State of Kansas; and Robert T. Stephan, Attorney General of the State of Kansas, Defendants.

United States District Court, D. Kansas.

July 8, 1980.


Attorney(s) appearing for the Case

John H. Fields, Carson, Fields, Boal, Jeserich & Asner, Kansas City, Kan., for plaintiffs.

Kathryn Pruessner Peters, Asst. City Atty., Legal Dept., Kansas City, Kan., for defendants.


MEMORANDUM AND ORDER

O'CONNOR, District Judge.

Plaintiffs in this action challenge the constitutionality of a recently enacted Kansas law, House Bill No. 2841, and seek to enjoin its enforcement. A hearing was held April 24, 1980, on motions to dismiss filed by defendants, and also on plaintiffs' request for a preliminary injunction. Having carefully considered the arguments and briefs of the parties, we have concluded that defendants' motions to dismiss...

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