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DIV. OF EMPLOYMENT SEC. v. TRICE CONST. CO.

No. KCD 28370.

555 S.W.2d 65 (1977)

DIVISION OF EMPLOYMENT SECURITY, State of Missouri, Plaintiff-Appellant, v. TRICE CONSTRUCTION COMPANY, Defendant-Respondent, Capitol Projects, Inc., Garnishee-Respondent, Travelers Indemnity Company, Intervenor-Respondent.

Missouri Court of Appeals, Kansas City District.

August 8, 1977.

Attorney(s) appearing for the Case

Rick V. Morris, Terry C. Allen, Jefferson City, for plaintiff-appellant.

Henry P. Andrae, Richard S. Brownlee, III, Jefferson City, for garnishee-respondent.

James W. Gallaher, Jefferson City, for defendant-respondent.

Before SOMERVILLE, P. J., and WASSERSTROM and TURNAGE, JJ.

TURNAGE, Judge.

The Division of Employment Security appeals from an order of the circuit court quashing two garnishments.

On this appeal the Division contends the court erred because the State has a priority to the funds sought to be garnished under § 430.330, RSMo1969; the money in question belonged to Trice Construction Company and was subject to garnishment; and the subrogation lien of Travelers Indemnity Company does not take priority over the claim...

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