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DAY v. SEBELIUS

No. 04-4085-RDR.

376 F.Supp.2d 1022 (2005)

Kristen DAY, et al., Plaintiffs, v. Kathleen SEBELIUS, personally and in her official capacity as Governor of Kansas, et al., Defendants.

United States District Court, D. Kansas.

July 5, 2005.

Attorney(s) appearing for the Case

Kris W. Kobach, UMKC School of Law, Kansas City, MO, Michael M. Hethmon, Federation for American Immigration Reform, Washington, DC, for Plaintiffs.

E. Linton Joaquin, National Immigration Law Center, Los Angeles, CA, Lee Gelernt, Lucas Guttentag, American Civil Liberties Union, New York, NY, Peter D. Roos, META, Inc., Tanya Broder, National Immigration Law Center, Oakland, CA, J. Eugene Balloun, Shook, Hardy & Bacon L.L.P., Overland Park, KS, for Defendants.

MEMORANDUM AND ORDER

ROGERS, District Judge.

This is an action brought by the plaintiffs challenging K.S.A. 76-731a (formerly known as House Bill 2145), which became law on July 1, 2004. Plaintiffs contend that K.S.A. 76-731a unlawfully and unfairly allows undocumented or illegal aliens to attend Kansas universities and pay resident or in-state tuition.1 Plaintiffs are either students at Kansas regents schools or parents...

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