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BUNKER PROPERTIES, INC. v. KEMP

Civ. A. No. 81-2284.

524 F.Supp. 109 (1981)

BUNKER PROPERTIES, INC., et al., Plaintiffs, v. John B. KEMP, Secretary of Transportation for the State of Kansas, Defendant.

United States District Court, D. Kansas.

October 16, 1981.

Attorney(s) appearing for the Case

L.D. McDonald, Jr., McDonald & Dykes, Overland Park, Kan., for plaintiffs.

Daniel L. Watkins, Chief Atty., Kansas Dept. of Transp., Topeka, Kan., Reid F. Holbrook, Robert L. Kennedy, Fallon, Holbrook & Ellis, Kansas City, Kan., for defendant.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter comes before the Court upon plaintiffs' application for a temporary restraining order. Defendant has responded to the motion and requested that the complaint be denied, which the Court will consider as a motion to dismiss for lack of subject-matter jurisdiction pursuant to F.R. C.P. Rule 12(b). Plaintiffs seek to enjoin the defendant from continuing a condemnation proceeding pending before...

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