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CLARY v. DIRECTOR OF REVENUE

No. WD 47609.

870 S.W.2d 471 (1994)

Edward L. CLARY, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Western District.

February 22, 1994.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., James A. Chenault, III, Sp. Asst. Atty. Gen., Mo. Dept. of Revenue, Jefferson City, for appellant.

Steve D. Burmeister, Independence, for respondent.

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

PER CURIAM:

The Director of Revenue appeals an order reinstating the driver's license of Edward L. Clary after his revocation for refusal to submit to chemical testing under § 577.041, RSMo Supp.1992 (effective 7-1-92, now repealed).

This court reverses the order of reinstatement.

The Director argues that the trial court lacked subject matter jurisdiction because Mr. Clary failed to name the Director of Revenue as a party in his petition for hearing...

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