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LEWIS v. BELLEFONTAINE HABILITATION CENTER

No. WD 61933.

122 S.W.3d 105 (2003)

Shantella LEWIS, Respondent, v. BELLEFONTAINE HABILITATION CENTER, Appellant; and/or Personnel Advisory Board, State of Missouri, Paul A. Boudreau, Ann C. Gardner, Karen Touzeau, Alvin A. Plummer, and Margrace Buckler, Defendants.

Missouri Court of Appeals, Western District.

December 23, 2003.

Attorney(s) appearing for the Case

Arguing on behalf of Appellant: Greg A. Perry, Asst. Attorney General, Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, MO, joins on the briefs for Appellant.

Arguing on behalf of Respondent: Boris Kaupp, John West Rourke, St. Louis, MO, Terry C. Allen, Jefferson City, MO (co-counsel) join on the briefs for Respondent.

Before HAROLD L. LOWENSTEIN, P.J., JAMES M. SMART, JR., and EDWIN H. SMITH, JJ.

JAMES M. SMART, JR., Judge.

The "appointing authority" of Bellefontaine Habilitation Center, a facility operated by the Missouri Department of Mental Health, appeals a writ of mandamus, which directed the Personnel Advisory Board to entertain the application for attorney's fees of Shantella Lewis. The Personnel Advisory Board (PAB) had earlier ordered Lewis reinstated to her former position at Bellefontaine.1 The PAB dismissed Lewis' application...

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