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STATE v. FITZGERALD

No. ED 77603.

29 S.W.3d 842 (2000)

STATE of Missouri, MISSOURI DEPARTMENT OF NATURAL RESOURCES, DIVISION OF STATE PARKS, Plaintiff/Appellant. v. Larry D. FITZGERALD, Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

October 24, 2000.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Robert C. Cook, Asst. Atty. Gen., Jefferson City, for appellant.

Leonard Komen, Clayton, for respondent.

WILLIAM H. CRANDALL, Jr., Judge.

Plaintiff, State of Missouri, Missouri Department of Natural Resources, Division of State Parks (hereinafter State), appeals from the trial court's judgment dismissing with prejudice its breach of contract action against defendant, Larry D. Fitzgerald, and ordering the State to pay Fitzgerald's court costs. Affirmed in part and reversed in part.

In its first point, the State challenges the trial court's dismissal of its action...

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