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TERMINI v. MISSOURI GAMING COMMISSION

No. WD 51451.

921 S.W.2d 159 (1996)

John R. TERMINI, Appellant, v. MISSOURI GAMING COMMISSION, Respondent.

Missouri Court of Appeals, Western District.

May 7, 1996.

Attorney(s) appearing for the Case

Charles T. Palmentere and Gary C. Haggerty, Brancato Haggerty & Palmentere L.C., Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General and Kurt P. Valentine, Assistant Attorney General, Jefferson City, for respondent.

Before LAURA DENVIR STITH, P.J., and ULRICH and SMART, JJ.

ULRICH, Judge.

The issue presented is whether Chapter 313 RSMo grants the Missouri Gaming Commission express or implied authority to promulgate 11 C.S.R. 45-15.010 et seq. that asserts authority to eject or exclude persons from riverboat gambling operations.

I. Applicable Facts

John R. Termini was notified on October 7, 1994, that the Missouri Gaming Commission was placing him on the Exclusion List pursuant to 11 C.S.R. 45-15.030(1)(A...

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