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STATE EX REL. MO. HIGHWAY AND TRANSP. COM'N v. KEELEY

No. 55804.

780 S.W.2d 84 (1989)

STATE of Missouri, ex rel. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Plaintiff-Appellant, v. James KEELEY and Pepsi-Cola Bottling Company of St. Louis, Inc., Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Six.

Motion for Rehearing and/or Transfer Denied November 15, 1989.

Attorney(s) appearing for the Case

Paul R. Sterrett, Rich Tiemeyer, Kirkwood, for plaintiff-appellant.

Joseph H. Mueller, Robyn Greifzu Fox, Moser, Marsalek, Carpenter, Cleary, Jaeckel & Keaney, St. Louis, for defendant-respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 15, 1989.

HAMILTON, Judge.

Appellant, Missouri Highway and Transportation Commission (hereinafter Commission), appeals the order of the trial court that sustained the motion for directed verdict filed at the close of the Commission's case by Respondent, Pepsi-Cola Bottling Company of St. Louis, Inc., (hereinafter Pepsi), and that dismissed the Commission's cause of action without prejudice...

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