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  5. 884 S.W.2d 394 (1994)
 

CARMACK v. SAUNDERS

Nos. WD 48625, WD 48631.

884 S.W.2d 394 (1994)

Richard CARMACK, d/b/a Carmack Elk, et al., Respondent/Appellant, v. John SAUNDERS, Director, Missouri Department of Agriculture, Appellant/Respondent. Richard CARMACK, d/b/a Carmack Elk, et al., Appellant, v. John SAUNDERS, Director, Missouri Department of Agriculture, Respondent.

Missouri Court of Appeals, Western District.

October 4, 1994.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Cristie A. Kincannon, Asst. Atty. Gen., Jefferson City, for appellant.

Gwendolyn Sue Froeschner, Columbia, for respondent.

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

HANNA, Judge.

This appeal arises out of a writ of mandamus issued by the Circuit Court of Cole County, Missouri. At issue is the State Veterinarian's and the Missouri Department of Agriculture's (Department) application of certain provisions of the Missouri Livestock Disease Control and Eradication Law.

The relator, Richard Carmack, is part owner and operator of Carmack Elk Farm located just south of Glasgow, Missouri. The original elk purchased to start the...

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