Kansas City, Missouri v. Kansas City, Kansas

MEMORANDUM AND ORDER

JOHN W. OLIVER, District Judge.

I

The present action pends on cross-motions for summary judgment filed by the parties under the terms of our order of May 16, 1974. As required by that order, the parties have filed a stipulation of fact, together with an agreement that the issues of liability presented in Counts I and II of plaintiff’s complaint may be considered separately from the issue of damages or other relief. See Rule 56(c) of the Federal Rules of Civil Procedure. For the reasons stated below, we find and conclude that plaintiff’s motion should be granted.

II

Count I

Stipu…