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STATE EX REL. DIRECTOR OF REVENUE v. PENNOYER

No. 72223.

944 S.W.2d 265 (1997)

STATE of Missouri ex rel., DIRECTOR OF REVENUE, STATE OF MISSOURI, Relator, v. The Honorable James E. PENNOYER, Judge of the Circuit Court of the St. Francois County, Respondent.

Missouri Court of Appeals, Eastern District, Writ Division Five.

April 15, 1997.

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 relator.

Eric Charles Harris, Park Hills, for respondent.

Before AHRENS, C.J., GRIMM, P.J., and SIMON, J.

PER CURIAM.

Relator filed a petition for writ of prohibition. She alleges respondent was without jurisdiction to grant restricted driving privileges to Earl Keith Byington during the pendency of Byington's appeal of the suspension of his driving privileges. Respondent has filed his suggestions in opposition to the issuance of the writ.

The facts and law are clear. In the interest of justice, as permitted by Rule 84.24, we dispense with a preliminary order...

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