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PRAGER v. LAFAVER

No. 97-4216-DES.

103 F.Supp.2d 1278 (2000)

David PRAGER, III, Plaintiff, v. John D. LAFAVER, Secretary of the Kansas Department of Revenue, in his Personal Capacity, Defendant.

United States District Court, D. Kansas.

June 16, 2000.

Attorney(s) appearing for the Case

Louis F. Eisenbarth, Michael E. Francis, Alan V. Johnson, Myron L. Listrom, Sloan, Listrom, Eisenbarth, Sloan & Glassman, Topeka, KS, for David Prager, III, plaintiff.

Thomas V. Murray, Charles F. Blaser, Barber, Emerson, Springer, Zinn & Murray, L.C., Lawrence, KS, Terence Edward Leibold, Terrence J. Campbell, Barber, Emerson, Springer, Zinn & Murray, LC, Lawrence, KS, for John D LaFaver, Secretary of the Kansas Department of Revenue, defendant.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on defendant's Motion to Dismiss (Doc. 30). This motion pertains only to Count II of the plaintiff's amended complaint. Both parties have fully briefed this issue and the court is now ready to rule.

I. BACKGROUND

Prior to his termination in 1997, the plaintiff had been an Attorney III, classified civil service employee with permanent status with the Kansas...

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