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STATE EX REL. MHTC v. OVERALL

No. ED 78122.

73 S.W.3d 779 (2002)

STATE of Missouri, ex rel., MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Plaintiff/Appellant, v. Gene OVERALL, et al., Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied April 25, 2002.

Application for Transfer Denied May 28, 2002.

Attorney(s) appearing for the Case

John E. Toma, Jr., Clayton, MO, for appellant.

Douglas B. Rudman, Clayton, MO, for respondents.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 25, 2002.

MARY R. RUSSELL, Judge.

The Missouri Highway and Transportation Commission ("MHTC") appeals the trial court's dismissal of defendant Gene Overall ("Overall") from a suit seeking damages against him for failure to abstract a judgment in a timely manner. The trial court dismissed Overall because he was not a proper party. We affirm.

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