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STATE DEPT. OF SOCIAL SERVICES v. CARROLL

No. WD 56714.

11 S.W.3d 844 (2000)

STATE of Missouri, DEPARTMENT OF SOCIAL SERVICES, DIVISION OF AGING, Appellant, v. CARROLL CARE CENTERS, INC., Respondent.

Missouri Court of Appeals, Western District.

As Modified on Denial of Rehearing February 29, 2000.

Attorney(s) appearing for the Case

Steven M. Mitchell, Jefferson City, for appellant.

Harvey M. Tettlebaum, Jefferson City, for respondent.

Before Presiding Judge HAROLD L. LOWENSTEIN, Senior Judge FOREST W. HANNA and Judge LAURA DENVIR STITH.

LAURA DENVIR STITH, Judge.

Plaintiff-Appellant, the State of Missouri, Department of Social Services, Division of Aging ("the State"), appeals the trial court's dismissal of its suit against Defendant-Respondent, Carroll Care Centers, Inc. ("Carroll"). The State argues that the trial court erred in dismissing its claim that Carroll violated Section 198.067.3 of the Omnibus Nursing Home Act because its Petition properly set out allegations of violations by Carroll...

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