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CONTINENTAL COAL, INC. v. CUNNINGHAM

Civil Action No. 06-2122-KHV.

553 F.Supp.2d 1273 (2008)

CONTINENTAL COAL, INC., Plaintiff, v. Matt CUNNINGHAM, Laura Cunningham, and Board of County Commissioners of Linn County, Kansas, Defendants.

United States District Court, D. Kansas.

May 15, 2008.

Attorney(s) appearing for the Case

C. Christian Kirley, Heath A. Hawk, John K. Power, Robert D. Maher, Husch Blackwell Sanders LLP, Kansas City, MO, for Plaintiff.

Samuel P. Logan, Tara S. Eberline, Wendell F. Cowan, Jr., Foulston Siefkin LLP, Wyatt Wright, Overland Park, KS, for Defendants.

MEMORANDUM AND ORDER

KATHRYN H. VRATIL, District Judge.

On April 3, 2006, Continental Coal, Inc. filed suit against Matt and Laura Cunningham and the Board of County Commissioners of Linn County, Kansas. Under 42 U.S.C. § 1983, Continental alleges that by attempting to modify the hours of operation of a conditional use permit for it to mine coal on certain property in Linn County, Kansas, defendants violated its rights to procedural due process...

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