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U.S. v. BENTON

No. 89-0608-CV-W-3.

772 F.Supp. 453 (1990)

UNITED STATES of America, Plaintiff, v. Duane BENTON, Director of Revenue, State of Missouri; Missouri Department of Revenue; and State of Missouri, Defendants.

United States District Court, W.D. Missouri, W.D.

October 26, 1990.

Attorney(s) appearing for the Case

E. Eugene Harrison, Gay L. Tedder, Alleen S. Castellani, U.S. Attorney's Office, Kansas City, Mo., David M. Katinsky, U.S. Dept. of Justice, Washington, D.C., for U.S.

James B. Deutsch, Missouri Atty. General's Office, Jefferson City, Mo., for defendants.

MEMORANDUM OPINION AND ORDER

ELMO B. HUNTER, Senior District Judge.

Before the Court are Plaintiff's and Defendants' motions for summary judgment. Fed.R.Civ.P. 56(c) states that a motion for summary judgment shall be rendered if there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law. A moving party for summary judgment must "establish the right to judgment with such clarity that there is no room...

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