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PHELPS v. HAMILTON

No. 93-4042-KHV.

934 F.Supp. 373 (1996)

Fred W. PHELPS, Sr., Plaintiff, v. Joan HAMILTON, in her official capacity as District Attorney, Defendant.

United States District Court, D. Kansas.

Memorandum Denying Reconsideration July 12, 1996.

Attorney(s) appearing for the Case

Elizabeth M. Phelps, Jonathan B. Phelps, Phelps Chartered, Topeka, KS, Margie J. Phelps, Topeka, KS, for Fred W. Phelps, Sr. and Edward F. Engel.

Deanne W. Hay, Alan V. Johnson, Sloan, Listrom, Eisenbarth, Sloan & Glassman, Topeka, KS, Carol R. Bonebrake, Office of City Attorney, City of Topeka, Topeka, KS, Sharon K. Euler, Office of City Attorney, Kansas City, MO, for Joan Hamilton.

MEMORANDUM AND ORDER

VRATIL, District Judge.

The Court now considers defendant's Motion To Dismiss For Failure To State A Claim Upon Which Relief May Be Granted (Doc. # 81) filed January 15, 1996.1 On February 26, 1993, plaintiff Fred W. Phelps, Sr., initiated this suit against Joan Hamilton in her official capacity as District Attorney for the Third Judicial District in Topeka, Kansas. Phelps alleged (1) that the...

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