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HOW v. CITY OF BAXTER SPRINGS, KAN.

No. 04-2256-JWL.

369 F.Supp.2d 1300 (2005)

Charles HOW, Plaintiff, v. CITY OF BAXTER SPRINGS, KANSAS, Donna Wixon and Robert Myers, Defendants.

United States District Court, D. Kansas.

May 10, 2005.

Attorney(s) appearing for the Case

Kate Bohon McKinney, Thomas S. Busch, Holman Hansen & Colville PC, Overland Park, KS, Sam L. Colville, Holman Hansen & Colville, PC, Kansas City, MO, for Plaintiff.

James J. Rosenthal, David R. Cooper, Terelle A. Carlgren, Fisher, Patterson, Sayler & Smith, Topeka, KS, Richard W. James, Edward L. Keeley, McDonald, Tinker, Skaer, Quinn & Herrington, PA, Wichita, KS, for Defendants.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

On April 20, 2005, plaintiff filed his corrected first amended complaint in which he alleged four separate causes of action against the City of Baxter Springs ("Baxter Springs"), Donna Wixon, the city clerk of Baxter Springs, and Robert E. Mays, the city attorney of Baxter Springs. In count II of the amended complaint, plaintiff alleges that Baxter Springs Ordinance Number 762, Article 3, Section 3.9a ("the...

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