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STEPHENS v. CITY OF TOPEKA, KAN.

No. Civ.A. 97-2527-GLR.

33 F.Supp.2d 947 (1999)

Victor A. STEPHENS, Plaintiff, v. CITY OF TOPEKA, KANSAS and its Agency the City of Topeka Housing Authority, Defendants.

United States District Court, D. Kansas.

January 15, 1999.

Attorney(s) appearing for the Case

Joseph R. Colantuono, Wehrman & Colantuono, LLC, Leawood, KS, for Victor A Stephens, plaintiff.

David D. Plinsky, Office of City Attorney, Topeka, KS, for Topeka Housing Authority and City of Topeka, Kan., defendants.

MEMORANDUM AND ORDER

RUSHFELT, United States Magistrate Judge.

The court has under consideration a Motion for Summary Judgment of Defendant City of Topeka, Kansas (doc. 49). Pursuant to Fed.R.Civ.P. 12(b)(1) and (b)(6), defendant seeks an order to dismiss the action of plaintiff for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted. Alternatively, it seeks an order for summary judgment pursuant to Fed...

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