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MARTIN MARIETTA MATERIALS v. KANSAS TRANSP. DEPT.

No. 13-3314.

810 F.3d 1161 (2016)

MARTIN MARIETTA MATERIALS, INC.; Hunt Martin Materials, LLC, Plaintiffs-Appellants, v. KANSAS DEPARTMENT OF TRANSPORTATION; Mike King, in his individual and official capacity as Kansas Secretary of Transportation; Jerry Younger, in his individual and official capacity as Deputy Secretary of Transportation and State Transportation Engineer, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 13, 2016.

Attorney(s) appearing for the Case

H. Wayne Phears (Daniel L. Delnero, with him on the briefs), McGuireWoods LLP, Atlanta, GA, for Plaintiffs-Appellants.

Lyndon W. Vix (Carmen D. Tucker Bakarich and Gelene D. Savage, Kansas Department of Transportation, Topeka, KS, and Charles E. Milsap, Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, KS with him on the brief), Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, KS, for Kansas Department of Transportation, Defendant-Appellee.

Before KELLY, PHILLIPS, and MORITZ, Circuit Judges.

INTRODUCTION

Martin Marietta Materials, Inc. appeals the district court's dismissal of its due-process claims against the Kansas Department of Transportation (KDOT). After KDOT removed two Martin Marietta quarries from its preapproved lists of limestone-aggregate suppliers, Martin Marietta unsuccessfully sought...

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