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PULLIAM v. STATE

No. WD 60362.

96 S.W.3d 904 (2003)

Andrea Denise PULLIAM, Respondent, v. STATE of Missouri, Department of Social Services, Division of Aging, Appellant.

Missouri Court of Appeals, Western District.

Rehearing Denied February 27, 2003.

As Modified March 4, 2003.

Attorney(s) appearing for the Case

David S. Durbin, Jefferson City, for appellant.

John M. McFarland, Kansas City, for respondent.

Before ELLIS, C.J., NEWTON and HARDWICK, JJ.

LISA WHITE HARDWICK, Judge.

This appeal arises from the Division of Aging's denial of an attorney's fee award to Andrea Pulliam, after she prevailed in an employee disqualification list proceeding. We reverse the denial because the Division failed to prove it was substantially justified in seeking to disqualify Pulliam from future employment.

Factual and Procedural Background

In 1997, Andrea Pulliam began working as the licensed administrator of...

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