No. WD 48386.

876 S.W.2d 652 (1994)

Howard DE MERE, et al., Appellants, v. MISSOURI STATE HIGHWAY AND TRANSPORTATION COMMISSION, Respondent, and St. Louis County, Missouri, Respondent, and Missouri State Treasurer, Auditor and Director of Administration, Respondents, and Citizens for Modern Transit, Amicus Curiae.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied May 3, 1994.

Application to Transfer Denied June 21, 1994.

Attorney(s) appearing for the Case

J. Peter Schmitz, Mark Allen Brittingham, St. Louis, for appellants.

Gregory W. Schroeder, Jefferson City, for respondent Mo. State Hwy. & Transp. Com'n.

Andrew J. Minardi, Asst. County Counselor, Clayton, for respondent St. Louis County, Mo.

Jeremiah W. (Jay) Nixon, Atty. Gen., Christie A. Kincannon, Asst. Atty. Gen., Jefferson City, for respondent Mo. State Treasurer, Auditor & Director of Admin.

John Fox Arnold, St. Louis, for amicus curiae Citizens for Modern Transit.


Motion for Rehearing and/or Transfer to Supreme Court Denied May 3, 1994.

FENNER, Judge.

Appellants, Howard De Mere, Walter L. Eshbach, Geraldine S. Cooper, and Gary R. Goetz, appeal from the judgment of the trial court granting summary judgment on behalf of respondent, Missouri Highway and Transportation Commission (MHTC), and dismissing appellants' action against the other respondents consisting of the Treasurer, Auditor, and Commissioner of Administration...

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