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STATE EX REL. WEBSTER v. MYERS

No. WD 41613.

779 S.W.2d 286 (1989)

STATE of Missouri ex rel. William L. WEBSTER, Attorney General, Appellant, v. Kyle MYERS, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied October 31, 1989.

As Modified October 31, 1989.

Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., Jefferson City, John J. Oldenburg, Jr., Asst. Atty. Gen., Kansas City, for appellant.

Richard T. Brewster, Jr., Kansas City, for respondent.

Before NUGENT, P.J., and CLARK and FENNER, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 31, 1989.

FENNER, Judge.

Appellant, State of Missouri, appeals the order of the trial court sustaining respondent Myers' motion to dismiss. The State's underlying cause of action was filed pursuant to Section 407.1001 of the Missouri Merchandising Practices Act.

The State's petition alleged that Myers engaged in violations of § 407.020 by offering...

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