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MODERN DAY VETERANS v. CITY OF MILLER

No. 25282.

128 S.W.3d 176 (2004)

MODERN DAY VETERANS CHAPTER NO. 251, Relator-Respondent, v. CITY OF MILLER, Respondent-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

February 27, 2004.

Attorney(s) appearing for the Case

Richard L. Schnake, Neale & Newman, L.L.P., Springfield, Rares H. Masri, Boxx & Associates, P.C., Monett, for appellant.

Tina M. Longnecker, Whitworth, McPherson and Longnecker, L.L.C., Joplin, for respondent.

NANCY STEFFEN RAHMEYER, Chief Judge.

The City of Miller ("Miller") appeals from the circuit court's issuance of a writ of mandamus, which ordered Miller to grant to Modern Day Veterans Chapter No. 251 ("Modern Day") a license to sell liquor by the drink. On appeal, Miller alleges trial court error in the issuance of the writ of mandamus because Section 311.090.11 governs issuance of state liquor licenses, and not city liquor licenses,...

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