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CLARK v. DIRECTOR OF REVENUE

No. 25732.

132 S.W.3d 272 (2004)

Sullivan CLARK, III, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Southern District, Division One.

April 22, 2004.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., and Robert J. (Jeff) Bartholomew, Jefferson City, for Appellant.

Phillip J. Barkett, Jr., Cook, Barkett, Magure & Ponder, L.C., Cape Girardeau, for Respondent.

ROBERT S. BARNEY, Presiding Judge.

Appellant Director of Revenue ("Director") appeals the trial court's judgment setting aside the suspension of the driving privileges of Respondent Sullivan Clark, III ("Driver"). In the sole point on appeal, Director maintains the trial court's judgment was unsupported by substantial evidence and was against the weight of the evidence, in that Director established a prima facie case for suspension of Driver's driving privileges...

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