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FORESTER v. DIRECTOR OF REVENUE

No. WD 61031.

85 S.W.3d 122 (2002)

James D. FORESTER, Respondent, v. DIRECTOR OF REVENUE, State of Missouri, Appellant.

Missouri Court of Appeals, Western District.

September 24, 2002.

Attorney(s) appearing for the Case

Cherylayn C. Nield, Jeremiah W. (Jay) Nixon and Linda Lemke, Jefferson City, MO, for appellant.

James F. Crews, Tipton, MO, for respondent.

Before ROBERT G. ULRICH, P.J., PAUL M. SPINDEN and EDWIN H. SMITH, JJ.

ROBERT G. ULRICH, Presiding Judge.

The Director of Revenue appeals the judgment of the trial court reinstating the driving privileges of James Forester. The trial from which the Director appeals is the second of two trials resulting from the trial court's granting the Director's motion for new trial following the court's finding for Mr. Forester at the conclusion of the first trial. In the sole point on appeal, the Director argues that the trial court erred in excluding...

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