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PHELPS v. HAMILTON

No. 93-4042-SAC.

845 F.Supp. 1465 (1994)

Fred W. PHELPS and Edward F. Engel, Plaintiffs, v. Joan HAMILTON, in her official capacity as District Attorney, Defendant.

United States District Court, D. Kansas.

February 28, 1994.

Attorney(s) appearing for the Case

Elizabeth M. Phelps, Jonathan B. Phelps, Phelps-Chartered, Topeka, KS, for plaintiffs.

Carol R. Bonebrake, Office of Atty. Gen., Topeka, KS, Sharon K. Euler, Office of City Atty., Kansas City, MO, for defendant.

MEMORANDUM AND ORDER

CROW, District Judge.

The case comes before the court on the plaintiffs' application for attorney's fees. The plaintiffs brought this civil rights action challenging the Kansas criminal defamation statute, K.S.A. 21-4004, as unconstitutionally overbroad on its face and as unconstitutional as applied to them. On July 2, 1993, the court granted the plaintiffs' motion for summary judgment finding that K.S.A. 21-4004 was substantially overbroad...

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