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LEVINSON v. STATE

No. SC 84703.

104 S.W.3d 409 (2003)

Matthew LEVINSON, Appellant, v. STATE of Missouri, et al., Respondents.

Supreme Court of Missouri, En Banc.

May 13, 2003.

Attorney(s) appearing for the Case

John L. Davidson, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Cheryl Caponegro Nield, Theodore A. Bruce, Asst. Attys. Gen., Jefferson City, for respondents.

RICHARD B. TEITELMAN, Judge.

This declaratory judgment action presents two issues. The first issue is whether section 311.060.2(2), RSMo 2000,1 is implicitly repealed by section 561.016.1(4). The second is whether 11 CSR 70-2.140(11), a Division of Liquor Control regulation interpreting section 311.060.2(2), is inconsistent with and invalidated by section 311.060.2(2) and section 561.016.1(4). Although section 311.060.2(2) is not implicitly...

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