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GLAZER'S WHOLESALE DRUG CO., INC. v. KANSAS

No. 99-2363-DJW.

92 F.Supp.2d 1228 (2000)

GLAZER'S WHOLESALE DRUG CO., INC., et al., Plaintiffs, v. State of KANSAS, et al., Defendants.

United States District Court, D. Kansas.

April 7, 2000.

Attorney(s) appearing for the Case

Roger M. Theis, John T. Moore, Coy M. Martin, Hinkle Elkouri Law Firm, L.L.C., Wichita, KS, for Plaintiffs.

Richard L. Cram, Kansas Department of Revenue, Bureau of Legal Services, Topeka, KS, Laura M. Graham, Alcohol Beverage Control, Topeka, KS, Christopher J. Tymeson, Kansas Dept. of Revenue — Legal Services, Topeka, KS, David J. Dunlap, State of Kansas, Topeka, KS, for Defendants.

MEMORANDUM AND ORDER

WAXSE, United States Magistrate Judge.

This matter is before the Court on Defendants' Joint Motion To Dismiss (doc. # 11). More specifically, Defendants seek to dismiss Plaintiffs' 42 U.S.C. § 1983 civil rights claims pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6). For the following reasons, the Court finds Defendants' motion should be granted in part and denied in part.

FACTUAL BACKGROUND

Plaintiff Glazer...

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