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CLARK v. STOVALL

No. 00-4054-SAC.

158 F.Supp.2d 1215 (2001)

Judith CLARK, John C. Puleo, Tammy Thomas, and All Others Similarly Situated, Their Next of Kin, Heirs, or Personal Representatives, Plaintiffs, v. Attorney General Carla STOVALL, Secretary of Kansas Department of Social and Rehabilitation Services Janet Schalansky, and Citibank, N.A., Defendants.

United States District Court, D. Kansas.

March 2, 2001.

Attorney(s) appearing for the Case

Richard A. Bieder, Antonio Ponvert, III, Koskoff, Koskoff & Bieder, P.C., Bridgeport, CT, Stephen W. Cavanaugh, Harold A. Houck, Thomas G. Lemon, Todd D. Powell, Fisher, Cavanaugh, Smith & Lemon, P.A., Topeka, KS, Michael L. Hodges, Lenexa, KS, for Plaintiffs.

John M. Cassidy, Office of Attorney General, Topeka, KS, Gregory B. Hancks, Kutak Rock LLP, Kansas City, MO, Robert M. Slovek, Kutak Rock LLP, Omaha, NE, for defendants.

MEMORANDUM AND ORDER

CROW, District Judge.

The case comes before the court on the motion to dismiss (Dk. 25) filed by the defendants Kansas Attorney General Carla Stovall ("Attorney General") and Secretary of Kansas Department of Social and Rehabilitation Services Janet Schalansky ("S.R.S. Secretary") (jointly referred to as the "state defendants") and the motion to dismiss (Dk. 42) filed by the defendant Citibank, N.A. The plaintiffs move for oral argument...

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