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IN THE SUPREME COURT OF THE UNITED STATES


                           No. 16-1495

                 CITY OF HAYS, KANSAS, PETITIONER

                                V.

                    MATTHEW  JACK DWIGHT VOGT





                      ON WRIT OF CERTIORARI
              TO THE UNITED STATES COURT OF APPEALS
                      FOR THE TENTH CIRCUIT





                   MOTION OF THE UNITED STATES
    FOR LEAVE TO PARTICIPATE IN ORAL ARGUMENT AS AMICUS CURIAE
                    AND  FOR DIVIDED ARGUMENT






     Pursuant to Rules 28.4  and 28.7 of the Rules of this Court,

the   Solicitor  General,  on   behalf  of  the   United  States,

respectfully moves  that  the United States  be granted  leave to

participate in  the oral argument  in this case  as amicus curiae

and  that the United  States be  allowed ten minutes  of argument

time.   The  United States  has  filed a brief  as  amicus curiae

supporting  petitioner.    Petitioner  has  agreed  to  cede  ten

minutes  of argument  time  to the  United  States and  therefore

consents to this motion.

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