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WHAYNE v. CITY OF TOPEKA

Civil Action No. 96-4068-DES.

959 F.Supp. 1370 (1997)

Tommie WHAYNE, Plaintiff, v. CITY OF TOPEKA; Food 4 Less; Human Relations Commission; Shawnee County District Court; Dillons Stores; and United States Post Office, Defendants.

United States District Court, D. Kansas.

March 10, 1997.

Attorney(s) appearing for the Case

Tommie Dorsey Whayne, Topeka, KS, pro se.

David D. Plinsky, Office of City Attorney, City of Topeka, KS, for City of Topeka.

Jay C. Hinkel, Irwin, Clutter, Severson & Hinkel, L.L.P., Topeka, KS, for Food 4 Less, Eastboro.

Christopher F. Burger, Office of Atty. Gen., Topeka, KS, Richard V. Eckert, Office of the County Counselor, Shawnee County, KS, Topeka, KS, for Shawnee County District Court, Division 3.

Gerald L. Green, Matthew L. Bretz, Gilliland & Hayes, P.A., Hutchinson, KS, for Dillons Stores, Store # 28.

Melanie D. Caro, Office of U.S. Atty., Kansas City, KS, for U.S. Postal Service.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on defendant Food 4 Less's Motion to Dismiss (Doc. 45) the plaintiff's complaint pursuant to Fed. R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction. For the reasons set forth below, defendant's motion's granted.

I. BACKGROUND

The following facts are uncontroverted or, where controverted, construed in a manner most favorable to the plaintiff as the...

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