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Governor Sebelius Fights Deposition

March 13, 2009

WICHITA, Kan. (AP) - Attorneys for Gov. Kathleen Sebelius have filed court papers opposing a move by a utility seeking to depose her before she is confirmed as Health and Human Services Secretary.

Sunflower Electric Power Corp. filed a federal lawsuit against the state over its refusal to issue permits for two coal-fired plants in western Kansas.

Sebelius says in a sworn affidavit that with the state Legislature in session and the pending confirmation hearings she now has little control over her day-to-day schedule. She says it will be easier to schedule a deposition later. Her attorneys also argue in court documents that she should not be deposed at all in the case because the company has not tried to obtain the information from other sources.

They also note the judge not yet ruled on an earlier motion by the state seeking to dismiss the lawsuit.

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