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WILLIAMSBURG TRUCK PLAZA v. MURI

No. WD 46537.

857 S.W.2d 534 (1993)

WILLIAMSBURG TRUCK PLAZA n/k/a Stewart Enterprises, Inc. d/b/a Ray's Car and Truck Plaza, Appellant, v. Wayne MURI, Chief Engineer of the State Highway and Transportation Department, Respondent.

Missouri Court of Appeals, Western District.

July 20, 1993.

Attorney(s) appearing for the Case

Jerry L. Suddarth, Suddarth & Koor, O'Fallon, for appellant.

Kim Renee Reid, Jefferson City, for respondent.

Before ULRICH, P.J., and BRECKENRIDGE and HANNA, JJ.

BRECKENRIDGE, Judge.

Ray's Car and Truck Plaza (Ray's) appeals the trial court's action sustaining the motion to dismiss filed by Wayne Muri. Ray's raises one point on appeal alleging that the trial court erred in sustaining Muri's motion to dismiss because § 226.100, RSMo Cum.Supp.1992, does not mandate that the sole party to sue or be sued must be the Missouri Highway and Transportation Commission (Commission). Since the parties to a review proceeding under...

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