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STATE OF KAN. EX REL. HAYDEN v. U.S.

Civ. A. No. 90-4080-S.

748 F.Supp. 797 (1990)

STATE OF KANSAS, ex rel., Mike HAYDEN, Governor, Plaintiff, v. UNITED STATES of America; Federal Emergency Management Agency, a Federal Government Agency; Robert H. Morris, in his Capacity as Acting Director of the Federal Emergency Management Agency, Defendants.

United States District Court, D. Kansas.

September 10, 1990.

Attorney(s) appearing for the Case

A.J. Kotich, Dept. of Human Resources, Topeka, Kan., for plaintiff.

Lee Thompson, U.S. Atty., Connie R. DeArmond, Asst. U.S. Atty., Topeka, Kan., Arthur R. Goldberg, Peter Robbins, Dept. of Justice, Washington, D.C., for defendants.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on motion of defendants, the United States of America, Federal Emergency Management Agency ("FEMA"), and Robert H. Morris as Acting Director of FEMA, to dismiss or, in the alternative for summary judgment. Defendants make several contentions in support of their motion. First, pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure, defendants contend that this court lacks...

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