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MURRAY v. MISSOURI HIGHWAY & TRANSP. COM'N

Nos. SC 82849, SC 82779.

37 S.W.3d 228 (2001)

Brian K. MURRAY, Jr., et al., Respondents, v. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Appellant. State ex rel. Missouri Highways and Transportation Commission, Relator, v. The Honorable John C. Brackman, Judge of the Circuit Court of Franklin County, Missouri, Respondent.

Supreme Court of Missouri, En Banc.

January 31, 2001.

Attorney(s) appearing for the Case

Zachary T. Cartwright, Gregory W. Schroeder, Rich Tiemeyer, Jefferson City, for Missouri Highways and Transportation Commission.

David L. Steelman, Stephen F. Gaunt, Rolla, for John C. Brackman.

Martin Mazzei, James A. Broshot, Donald A. Hale, Steelville, for Brian K. Murray, Jr., et al.

WOLFF, Judge.

In these two cases the Missouri Highways and Transportation Commission challenges the constitutionality of a 1999 statute that requires the commission to submit to arbitration when a plaintiff with a negligence claim against the commission requests arbitration. This Court has jurisdiction. MO. CONST. art. V, secs. 3 and 4. The cases are consolidated for purposes of this opinion. The statute is constitutional, and the orders to arbitrate that were issued...

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