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STEELE v. STEPHAN

Civ. A. No. 85-4341-S.

633 F.Supp. 950 (1986)

Freda STEELE, James Steele, and Harold Hovander, Plaintiffs, v. Robert T. STEPHAN, et al., Defendants.

United States District Court, D. Kansas.

March 27, 1986.

Attorney(s) appearing for the Case

Margie J. Phelps, Phelps-Chartered, Fred W. Phelps, Topeka, Kan., for plaintiffs.

Wm. Scott Hesse, Asst. Atty. Gen., Topeka, Kan., for Robert T. Stephan.

Craig C. Blumreich, Benfer & Farrell, Topeka, Kan., for Richard Malek and Morris County.

McDowell, Rice & Smith, Chtd., E. Dwight Taylor, Wichita, Kan., for Manhattan Production Credit Ass'n.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on defendant Manhattan Production Credit Association's [MPCA] Motion to Dismiss for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) and for a failure to state a claim upon which relief may be granted, pursuant to Rules 12(b)(6), Federal Rules of Civil Procedure. Defendant Stephan has also filed a Motion to Dismiss on the basis of the grant of Eleventh Amendment immunity...

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