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THOMAS v. CITY OF BAXTER SPRINGS, KAN.

No. 04-2257-JWL.

369 F.Supp.2d 1291 (2005)

Ronald O. THOMAS, Plaintiff, v. CITY OF BAXTER SPRINGS, KANSAS, Donna Wixon and Robert Myers, Defendants.

United States District Court, D. Kansas.

May 10, 2005.

Attorney(s) appearing for the Case

Brennan P. Fagan, William J. Skepnek, Skepnek Law Firm, PA, Lawrence, KS, Sam L. Colville, Holman Hansen & Colville, PC, Kansas City, MO, Thomas S. Busch, Holman Hansen & Colville PC, Overland Park, KS, for Plaintiff.

Terelle A. Carlgren, James J. Rosenthal, David R. Cooper, Fisher, Patterson, Sayler & Smith, Topeka, KS, Richard W. James, McDonald, Tinker, Skaer, Quinn & Herrington, PA, Wichita, KS, Edward L. Keeley, McDonald Tinker, Wichita, KS, for Defendants.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

On October 21, 2004, plaintiff filed his first amended complaint in which he alleged four separate causes of action against the City of Baxter Springs ("Baxter Springs"), Donna Wixon, the city clerk of Baxter Springs, and Robert E. Mays, the city attorney of Baxter Springs. In count II of the amended complaint, plaintiff alleges that Baxter Springs Ordinance Number 762, Article 3, Section 3.9a ("the criminal...

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