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GIETZEN v. McMILLON

No. 93-4195-SAC.

857 F.Supp. 777 (1994)

Mark S. GIETZEN and Diana Lea Conner, Plaintiffs, v. Mildred McMILLON, Kathleen White, Paul D. Adams, M.D., Connie Hubbell, I.B. "Sonny" Rundell, W.W. "Bill" Musick, Wanda Morrison, Michael D. Gragert, Mandy Specht, Elizabeth Baker, acting in their official capacities as members of the Kansas State Board of Education, and Lee Droegemueller, acting in his official capacity as the Commissioner of Education for the State of Kansas, Defendants.

United States District Court, D. Kansas.

June 7, 1994.

Attorney(s) appearing for the Case

Michael F. Broemmel, Broemmel Law Office, Topeka, KS, for plaintiffs.

Dan Biles, Gates & Clyde, Chrtd., Overland Park, KS, Carl A. Gallagher, Office of the Atty. Gen., Topeka, KS, for defendants.

MEMORANDUM AND ORDER

CROW, District Judge.

On September 3, 1993, the plaintiffs commenced this action alleging that the manner in which vacancies on the Kansas State Board of Education (KSBE)1 are filled violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution because the KSBE exercises general governmental powers which affect the lives of all of the citizens of Kansas, but replacements...

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