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MID-AMERICA PIPELINE CO. v. LARIO ENTERPRISES

No. 88-4205-S.

716 F.Supp. 511 (1989)

MID-AMERICA PIPELINE COMPANY, Plaintiff, v. LARIO ENTERPRISES, INC. and the City of Topeka, Kansas, Defendants.

United States District Court, D. Kansas.

June 2, 1989.

Attorney(s) appearing for the Case

James L. Grimes, Jr., Cosgrove, Webb & Oman, Topeka, Kan., Kristen E. Cook, Mid-America Pipeline Co., Tulsa, Okl., and Leonard J. Johnson and David C. Stout, Morrison, Hecker, Curtis, Kuder & Parrish, Kansas City, Mo., for plaintiff.

Donald D. Barry, Donald D. Barry, Chtd., and Gerald L. Goodell, Goodell, Stratton, Edmonds & Palmer, Topeka, Kan., for Mid-America Pipeline Co.

Edwin P. Carpenter and Stephen P. Weir, Carpenter, Weir & Myers, Chtd., Topeka, Kan., for City of Topeka.

MEMORANDUM AND ORDER

ROGERS, District Judge.

This case is now before the court upon plaintiff's prayer for a permanent injunction against the further construction and operation of Heartland Park Topeka (HPT), a motor sports racing facility being constructed over pipelines operated by plaintiff. After a hearing upon a preliminary injunction motion, which the court denied, the parties agreed, pursuant to FED.R. CIV.P. 65(a)(2), that the court could consider...

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