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   State Courts - Missouri - February 28, 2006

  
Brakefield v. State, WD 65282, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, February 28, 2006, Order Filed
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Brown v. Lineberry, WD 64815, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, February 28, 2006, Order Filed
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Cox v. Collins, No. WD 65363, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, February 28, 2006, Filed
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Overview: Where an employee was injured at one out of his two jobs in July 1995, Mo. Rev. Stat. § 287.220.9 (Cum. Supp. 1993) provided that the Second Injury Fund was responsible, up to the statutory maximum, for permanent total disability benefits represented by the loss of wages from the employee's second employment.

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Davis v. Sch. of the Ozarks, Inc., No. 26882, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, February 28, 2006, Decided
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Overview: The denial of the claim for employment benefits to the claimant was appropriate under Mo. Rev. Stat. § 288.210 where the determination was supported by substantial competent evidence. The claimant failed to respond to the college's letter offering him a contract in the unusual manner and that nonresponse showed quitting without good cause.

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Dudley v. Agniel, WD 65507, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, February 28, 2006, Order Filed
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Dykes v. Gentry County, WD 65188, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, February 28, 2006, Opinion Filed
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Overview: In a county assessor's action seeking back pay, while both Mo. Rev. Stat. § 50.333.7 and Mo. Rev. Stat. § 53.082.2 addressed the particular county offices affected and the means by which the corresponding officeholders' salaries were to be set, the trial court properly applied § 53.082.2 as it was the more specific statute and thus controlled.

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Dyson v. State, No. ED86204, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, February 28, 2006, Filed
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Garvis v. Agniel, WD 65507, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, February 28, 2006, Opinion Filed
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Kaufman v. Dir. of Revenue, WD 64797, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, February 28, 2006, Filed
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Overview: Order setting aside the driver's license suspension was reversed because the driver did not present sufficient evidence to rebut the presumption that he was legally intoxicated, when a breath test indicated a 0.081 percent blood alcohol content.

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Kunzie v. City of Olivette, No. SC87022, SUPREME COURT OF MISSOURI, February 28, 2006, Filed
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Overview: The judgment granting a city's motion to dismiss was reversed because the exhaustion of remedies requirement in Mo. Rev. Stat. §§ 536.100 and 536.110 did not apply where the city's hearing board did not did not determine the individual's legal rights, duties, or privileges.

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