ASBURY v. LOMBARDI

Nos. 74667, 74668.

846 S.W.2d 196 (1993)

William ASBURY, Respondent, v. George LOMBARDI, Director of Division of Adult Institutions, Missouri Department of Corrections, Appellant. William E. MARTIN, Respondent, v. George LOMBARDI, Director of Division of Adult Institutions, Missouri Department of Corrections, Appellant.

Supreme Court of Missouri, En Banc.

January 26, 1993.


Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., James B. Deutsch, Deputy Atty. Gen., Michael H. Finkelstein, Sp. Asst. Atty. Gen., Jefferson City, for appellant.

Dale C. Doerhoff, Ronald K. Medin, Jefferson City, for respondents.


PRICE, Judge.

The Court has consolidated for opinion two cases in which the appellants challenged the constitutionality of § 36.390.9, RSMo 1986, of the State Personnel Law.1 The statute permits the aggrieved party to appeal final Personnel Advisory Board (PAB) decisions to either the Administrative Hearing Commission (AHC) or the circuit court, but not both. The trial courts, in both cases, entered writs of prohibition enjoining...

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