TOPEKA, Kan. (AP) _ Penn National Gaming Inc. is asking a federal judge to dismiss a breach of contract lawsuit filed by a firm wanting sell it land for a casino site in Cherokee County.

HV Properties of Kansas wanted to sell about 200 acres for the casino site. It claims Penn owes it $37.5 million after walking away in September from its contract to run a state-owned casino.

Penn said the lawsuit should be dismissed because it validly withdrew from the contract. It also said HV Properties failed to state a claim on which relief can be granted.

An attorney for HV Properties said Wednesday it would file its response by Dec. 4. Penn filed the motion Tuesday in federal court.