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BOERSIG v. MISSOURI DEPT. OF CORRECTIONS

No. 79886.

959 S.W.2d 454 (1997)

James BOERSIG, Appellant, v. MISSOURI DEPARTMENT OF CORRECTIONS, Respondent.

Supreme Court of Missouri, En Banc.

December 23, 1997.

Attorney(s) appearing for the Case

James Boersig, Jefferson City, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Cassandra K. Dolgin, Asst. Atty. Gen., Jefferson City, for Respondent.

HOLSTEIN, Judge.

James Boersig and two other persons serving prison terms sought a declaratory judgment and injunctive relief against the Missouri department of corrections (the Department). Among other claims is one that the Department's application of Missouri's minimum prison term statute, sec. 558.019, RSMo,1 violates the constitutional right to due process. The trial court entered summary judgment in favor of the Department. Only...

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