WHITTON v. DEFFENBAUGH DISPOSAL, INC.

Case No. 12-2247.

LARRY WHITTON, on behalf of himself, and all other similarly situated, Plaintiff, v. DEFFENBAUGH DISPOSAL, INC., et al., Defendants.

United States District Court, D. Kansas.

February 23, 2015.


Attorney(s) appearing for the Case

Larry Whitton, on behalf of himself and all others similarly situated, Plaintiff, represented by Eric D. Barton , Wagstaff & Cartmell, LLP, James M. Terrell , McCallum, Methvin & Terrell, PC, Patrick C. Marshall , McCallum, Methvin & Terrell, PC & Robert G. Methvin, Jr. , McCallum, Methvin & Terrell, PC.

Deffenbaugh Disposal, Inc., Defendant, represented by Ashley N. Gillard , Bryan Cave LLP, Catesby A. Major , Bryan Cave LLP & Robert M. Thompson , Bryan Cave LLP.

Deffenbaugh Industries, Inc, Defendant, represented by Ashley N. Gillard , Bryan Cave LLP, Catesby A. Major , Bryan Cave LLP & Robert M. Thompson , Bryan Cave LLP.


MEMORANDUM AND ORDER

CARLOS MURGUIA, District Judge.

On May 1, 2012, named-plaintiff Larry Whitton, on behalf of himself and all others similarly situated, brought claims against defendants Deffenbaugh Disposal, Inc. and Deffenbaugh Industries, Inc. for breach of contract, violation of the Kansas Consumer Protection Act ("KCPA"), and unjust enrichment for defendants' practice of charging two types of fees: an "environmental/fuel charge...

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