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STATE EX REL. PULLIAM v. REINE

No. WD 61133.

108 S.W.3d 148 (2003)

STATE of Missouri, ex rel. Andrea Denise PULLIAM, Respondent, v. Commissioner Willard C. REINE, Administrative Hearing Commission, State of Missouri, Defendant, and Missouri Board of Nursing Home Administrators, Appellant.

Missouri Court of Appeals, Western District.

June 24, 2003.

Attorney(s) appearing for the Case

John M. McFarland, Kansas City, MO, for respondent.

Jeremiah W. (Jay) Nixon, Atty. Gen. and Daryl R. Hylton, Assistant Attorney General, Jefferson City, MO, for appellant.

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

VICTOR C. HOWARD, Judge.

The Missouri Board of Nursing Home Administrators ("the Board") appeals the judgment of the circuit court awarding attorney's fees and expenses in the amount of $23,579.79 to nursing home administrator Andrea Pulliam, pursuant to section 536.087.1 The award was based on the court's determination that the Board failed to prove it was substantially justified in seeking to discipline Pulliam's license after the Division...

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