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MARTIN v. STITES

Civil Action No. 98-2226-GTV.

203 F.Supp.2d 1237 (2002)

Jimmie L. MARTIN d/b/a J & L Services, Eddie M. Haynes d/b/a Twilite Recovery Service, Morse's Auto Salvage and Tow Service, Inc., Leslie L. Morse, Sr., John W. Morse, and Robert L. Morse, Plaintiffs, v. Marvin V. STITES, Linn County Sheriff, Martin J. Read, Harold J. Mooney, Jr., and Charles Trask, Linn County Board Of County Commissioners, and Dean Schoenhals d/b/a Northside Auto, Defendants.

United States District Court, D. Kansas.

May 16, 2002.

Attorney(s) appearing for the Case

David W. Hauber, Glenn B. Brown, John J. Gates, Baty, Holm & Numrich, P.C., Kansas City, MO, for Jimmie L. Martin, Eddie M. Haynes Morse's Auto Salvage, Inc., Leslie L. Morse, Sr., John W. Morse.

James D. Griffin, Blackwell Sanders Peper Martin LLP, Kansas City, MO, James D. Conkright, Jana V. Richards, Sanders Conkright & Warren LLP, Kansas City, MO, for Marvin V. Stites, Martin J. Read, Harold J. Mooney, Jr., Charles Trask, Linn County Bd. of County Com'rs.

Patrick E. McGrath, Wallace, Saunders, Austin, Brown & Enochs, Chartered, Overland Park, KS, Glenn S. Grayson, Overland Park, KS, for Dean Schoenhals.

MEMORANDUM AND ORDER

VanBEBBER, Senior District Judge.

Plaintiffs, tow truck operators in Linn County, Kansas, bring this suit against the Linn County Sheriff and Board of County Commissioners, alleging antitrust and constitutional claims arising out of the methods used by the sheriff to refer tow calls. The sheriff's department refers tow calls to county tow truck operators when a vehicle on a highway or other public property requires the services of a...

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