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MILLER v. DIRECTOR OF REVENUE

No. WD 48554.

871 S.W.2d 648 (1994)

Don Eugene MILLER, Respondent, v. DIRECTOR OF REVENUE, State of Missouri, Appellant.

Missouri Court of Appeals, Western District.

March 15, 1994.

Attorney(s) appearing for the Case

David D. Lodwick, Excelsior Springs, for respondent.

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

Before SMART, P.J., and LOWENSTEIN and FENNER, JJ.

PER CURIAM.

The Director of Revenue appeals an order reinstating the driver's license of the respondent Don Eugene Miller whose license was revoked for refusing chemical testing under § 577.041, RSMo Supp.1992 (effective 7-1-92, now repealed). In the only brief filed here, the Director asserts the circuit court lacked subject matter jurisdiction to entertain Miller's petition for review. Miller's petition admitted...

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