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MAK CO., INC. v. SMITH

Civ. No. 90-6007.

763 F.Supp. 1003 (1991)

MAK CO., INC., Herbert L. McLeod and Lorene McLeod, Plaintiffs, v. Maurice SMITH, Individually and as the Director of the Arkansas Highway Commission; Ron Harrod, Individually and as a Commissioner of the Arkansas State Highway Commission; Rodney Slater, Individually and as a Commissioner of the Arkansas State Highway Commission; L.W. "Bill" Clark, Individually and as a Commissioner of the Arkansas State Highway Commission; Raymond A. Pritchett, Jr., Individually and as a Commissioner of the Arkansas State Highway Commission; Samuel K. Skinner, as the Director of the Department of Transportation, Defendants.

United States District Court, W.D. Arkansas, Hot Springs Division.

February 8, 1991.

Attorney(s) appearing for the Case

Q. Byrum Hurst, Jr., Hot Springs, Ark., for plaintiffs.

Robert L. Wilson, Ark. State Hwy. Com'n, David Ferguson, Dept. of Transp., for defendants.

MEMORANDUM OPINION

OREN HARRIS, District Judge.

Before the court is a motion for summary judgment by separate defendant Samuel K. Skinner. The motion contends that plaintiffs have failed to exhaust their administrative remedies, and that the complaint fails to state a cause of action upon which relief can be granted. Plaintiffs have responded to the motion.

This action involves the construction of a modification of a highway around the Hot Springs...

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