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FUST v. ATTORNEY GENERAL

No. 79416.

947 S.W.2d 424 (1997)

Carl FUST and Rita Fust, Appellants, v. ATTORNEY GENERAL FOR THE STATE OF MISSOURI, Respondent.

Supreme Court of Missouri, En Banc.

June 17, 1997.

Attorney(s) appearing for the Case

Alan G. Kimbrell, Richard C. Witzel, David A. Dimmitt, St. Louis, for Appellants.

Jeremiah W. (Jay) Nixon, Attorney General, John R. Munich, Deputy Attorney General, Gary L. Gardner, Assistant Attorney General, Jefferson City, for Respondent.

HOLSTEIN, Chief Justice.

Carl and Rita Fust are judgment creditors. They were awarded $330,000 in punitive damages in a malicious prosecution action in 1994. This judgment was affirmed on appeal. Fust v. Francois, 913 S.W.2d 38 (Mo. App.1995). Here, the Fusts seek a declaratory judgment that sec. 537.6751, enacted as part of House Bill 700, Laws of 1987, p. 545, et seq. (HB 700), is unconstitutional...

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