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STATE v. CIVIL SERVICE COM'N

Nos. ED 82384, ED 82428.

120 S.W.3d 279 (2003)

STATE of Missouri ex rel. Addington STEWART, Individually and on Behalf of Other Similarly Situated African American Firefighters, Relator/Respondent, v. CIVIL SERVICE COMMISSION OF THE CITY OF ST. LOUIS, John H. Clark, Stanley Newsome, Sr., and Kay Leonard, Respondents/Appellants, and St. Louis Firefighters Association Local 73, Bruce Williams, Robert Shy, and Daniel Sutter, Intervenors/Appellants.

Missouri Court of Appeals, Eastern District, Division Two.

November 12, 2003.

Attorney(s) appearing for the Case

Richard P. Perkins, Diekemper, Hammond, Shinners, Turcotte and Larrew, P.C., St. Louis, MO, for appellants.

Althea P. Johns, Law Office of Althea P. Johns, St. Louis, MO, for respondent.

Mark Lawson, Associate City Counselor, St. Louis, MO, for respondents.

KATHIANNE KNAUP CRANE, Judge.

The Civil Service Commission of the City of St. Louis, along with its members, (the Commission) appeals from the trial court's judgment prohibiting it from using promotional lists for battalion chief and fire captain that had previously expired. The Commission contends that the trial court erred in denying its motion to dismiss for lack of standing, issuing a writ of prohibition on a petition that requested a writ of mandamus, and holding...

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