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CITY OF HAYS, KANSAS v. BIG CREEK IMP. DIST.

No. 98-1068-JTM.

5 F.Supp.2d 1228 (1998)

CITY OF HAYS, KANSAS, Plaintiff, v. BIG CREEK IMPROVEMENT DISTRICT and Prairie Acres Improvement District, Defendants.

United States District Court, D. Kansas.

June 1, 1998.

Attorney(s) appearing for the Case

David M. Traster, Foulston & Siefkin, L.L.P., Wichita, KS, John T. Bird, Glassman, Bird & Braun, Hays, KS, for Plaintiff.

Randall K. Rathbun, Charles C. Steincamp, Depew and Gillen, L.L.C., Wichita, KS, for Defendants.

MEMORANDUM ORDER

MARTEN, District Judge.

This is an action by the City of Hays, Kansas, to enforce contracts for the provision of sewer services. The defendants, Big Creek Improvement District and Prairie Acres Improvement District have removed the action to this court, contending the contracts are illegal under a portion of the Clean Water Act, 33 U.S.C. § 1284. The city has now moved to remand the case on the grounds that its action was entirely...

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