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STATE OF KAN., EX REL. TODD v. U.S.

No. 91-4016-C.

791 F.Supp. 1491 (1992)

STATE OF KANSAS, ex rel. Ron TODD, Commissioner of Insurance of the State of Kansas, Plaintiff, v. UNITED STATES of America, et al., Defendants.

United States District Court, D. Kansas.

Motion to Alter or Amend Judgment and for Reconsideration Granted in Part May 6, 1992.

Attorney(s) appearing for the Case

John W. Campbell, Office of Atty. Gen., Topeka, Kan., for plaintiff.

Jackie A. Rapstine, U.S. Attys. Office, Topeka, Kan., Thomas W. Millet, Renee M. Wohlenhaus, Dept. of Justice, Civ. Div., Washington, D.C., Stuart M. Gerson, U.S. Dept. of Justice, Washington, D.C., for defendants.

MEMORANDUM AND ORDER

CROW, District Judge.

The case comes before the court on cross motions. Defendants move for judgment on the pleadings or, in the alternative, for summary judgment (Dk. 13). Plaintiff moves for summary judgment (Dk. 17). Plaintiff filed this action seeking declaratory and injunctive relief, in particular, an order invalidating and enjoining the enforcement of 7 C.F.R. §§ 400.351 and 400.352 (1991). The principal issue in this...

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