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SMITH v. STATE

No. SC 83806.

63 S.W.3d 218 (2001)

Wayman SMITH, III, et al., Respondents, v. The STATE of Missouri, et al., Appellants.

Supreme Court of Missouri, En Banc.

December 18, 2001.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Robert L. Presson, Asst. Atty. Gen., Jefferson City, Erwin O. Switzer, III, St. Louis, for appellants.

Thomas J. Ray, City Counselor, Edward J. Hanlon, Deputy City Counselor, Michael Stelzer, St. Louis, for respondents.

RONNIE L. WHITE, Judge.

Respondents, who include commissioners of the St. Louis Board of Police ("Board") and St. Louis police officers, brought this action seeking a declaration that the State is required to defend them and to pay judgments against them in lawsuits where they are sued for actions taken in the course of their duties as officials or employees of the police board. The trial court declared that the Board is a state agency and that its members and the...

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