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MARTIN MARIETTA MATERIALS, INC. v. KDOT

Case No. 12-2699-SAC.

953 F.Supp.2d 1176 (2013)

MARTIN MARIETTA MATERIALS, INC., and Hunt Martin Materials, LLC, Plaintiffs, v. KANSAS DEPARTMENT OF TRANSPORTATION, and Mike King, in his individual and official Capacity as Kansas Secretary of Transportation, and Jerry Younger, in his individual and official capacity as Deputy Secretary of Transportation State Transportation Engineer, Defendants.

United States District Court, D. Kansas.

Order Denying Reconsideration October 2, 2013.

Attorney(s) appearing for the Case

Chad E. Blomberg, David R. Frye, H. Wayne Phears, Roland B. Miller, III, Lathrop & Gage, LLP, Kansas City, MO, Daniel L. Delnero, McGuire Woods, LLP, Atlanta, GA, for Plaintiffs.

Carmen D. Tucker Bakarich, Topeka, KS, Charles E. Millsap, Gelene D. Savage, Lyndon W. Vix, Fleeson, Gooing, Coulson & Kitch, LLC, Wichita, KS, for Defendants.

MEMORANDUM AND ORDER

SAM A. CROW, Senior District Judge.

The case comes before the court on the defendants' motion for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c) (Dk. 22), and on the plaintiffs' motion for leave to file first amended complaint pursuant to Fed.R.Civ.P. 15(a)(2). (Dk. 31). Asserting diversity and subject matter jurisdiction, the plaintiffs, collectively referred to as "Martin Marietta," are suing due to the removal of their two...

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