District Court, D. Kansas October 24, 2002, No. 01-4191-SAC (Marion County Landfill, Inc. v. Board of County Commissioners of Marion County)

MEMORANDUM AND ORDER

CROW, Senior District Judge.

The case comes before the court on the plaintiffs’ motion to dismiss the defendant Board of County Commissioners’ counterclaim or, in the alternative, for an order remanding the case, (Dk. 4); the defendants’ motion to dismiss the plaintiffs’ complaint for failure to state a claim upon which relief can be granted (Dk.