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CONTINENTAL COAL, INC. v. CUNNINGHAM

Civil Action No. 06-2122-KHV.

511 F.Supp.2d 1065 (2007)

CONTINENTAL COAL, INC., Plaintiff, v. Matt CUNNINGHAM, Laura Cunningham, and Board of County Commissioners of Linn County, Kansas, Defendants.

United States District Court, D. Kansas.

March 2, 2007.

Attorney(s) appearing for the Case

C. Christian Kirley, John K. Power, Leonard L. Wagner, Robert D. Maher, Husch & Eppenberger, LLC, Kansas City, MO, for Plaintiff.

Michael K. Seek, Fisher, Patterson, Sayler & Smith, LLP, Samuel P. Logan, Wendell F. Cowan, Jr., Foulston Siefkin LLP, Overland Park, KS, for Defendants.

MEMORANDUM AND ORDER

VRATIL, District Judge.

On April 3, 2006, Continental Coal, Inc. ("Continental") filed suit against Matt and Laura Cunningham and the Board of County Commissioners of Linn County, Kansas ("Board"). Under 42 U.S.C. § 1983, Continental alleges that by attempting to modify the hours of operation of a conditional use permit for it to mine coal on certain property in Linn County, Kansas, defendants violated Continental's rights...

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