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FORT SCOTT SALE CO., INC. v. HARDY

Civ. A. No. 82-2389.

570 F.Supp. 1144 (1983)

FORT SCOTT SALE COMPANY, INC., Plaintiff, v. John HARDY, Jr., Defendant, and United States of America, Intervenor-Defendant.

United States District Court, D. Kansas.

August 25, 1983.

Attorney(s) appearing for the Case

Daniel W. Olsen, Deas, Van Hooser & Olsen, P.C., Kansas City, Mo., Thomas E. Foster, Foster & Foster, Overland Park, Kans. for plaintiff.

Timothy D. Benton, Asst. Atty. Gen., Des Moines, Iowa, J. Eugene Balloun, Olathe, Kans., for defendant Hardy.

Jim J. Marques, U.S. Atty., Robert Olsen, Asst. U.S. Atty., Kansas City, Kans., for intervenor-defendant.

MEMORANDUM AND ORDER

O'CONNOR, Chief Judge.

This matter is before the court on defendant's motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted.

Defendant John Hardy, Jr., brought a reparation proceeding against Fort Scott Sale Company, Inc., under the Packers and Stockyards Act, 1921, as amended, 7 U.S.C. §§ 181-229. A hearing on the defendant's reparation complaint...

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