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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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