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STATE EX REL. VINCENT v. D.C., INC.

No. ED 90740.

265 S.W.3d 303 (2008)

STATE of Missouri, ex rel. Trish VINCENT, Director of Revenue, Plaintiff/Respondent, v. D.C., INC., d/b/a Dirt Cheap Cigarettes and Beer, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer to Supreme Court Denied September 15, 2008.

Application for Transfer Denied October 28, 2008.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Joan Frances Gummels, St. Louis, MO, for plaintiff/respondent.

John Woodson, Elizabeth T. Ferrick, St. Louis, MO, for defendant/appellant.

SHERRI B. SULLIVAN, J.

Introduction

D.C., Inc., d/b/a Dirt Cheap Cigarettes and Beer (Appellant), appeals from the judgment of the trial court granting the Director of Revenue's (Director) cross-motion for summary judgment on its petition for forfeiture, and denying Appellant's counterclaim for declaratory judgment and injunctive relief and its motions for judgment on the pleadings and for permanent injunction. We reverse and remand.

Factual...

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