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HERSCHEL v. NIXON

No. WD 71518.

332 S.W.3d 129 (2011)

Henry T. HERSCHEL, Matthew W. Murphy and John A. Tackes, Respondents, v. Jeremiah W. NIXON, John R. Watson, Lawrence G. Rebman, Peter Lyskowski, The Division of Workers' Compensation of the Department of Labor and Industrial Relations of the State of Missouri, and the Office of Administration, State of Missouri, Appellants.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 28, 2010.

Application for Transfer Denied March 29, 2011.

Attorney(s) appearing for the Case

Edward L. Dowd, Jr. , James F. Bennett , and John D. Comerford Clayton, MO, for Respondents.

Chris Koster , Attorney General, Ronald Holhger , General Counsel, Jeremiah J. Morgan , Deputy Solicitor General, Jefferson City, MO, for Appehants.

Before Division II: MARK D. PFEIFFER, Presiding Judge, and VICTOR C. HOWARD and ALOK AHUJA, Judges.

MARK D. PFEIFFER, Presiding Judge.

This lawsuit was filed in the Circuit Court of Cole County ("trial court") by Henry T. Herschel, Matthew W. Murphy, and John A. Tackes, each of whom is an Administrative Law Judge ("ALJ") in the Division of Workers' Compensation of the Department of Labor and Industrial Relations ("the Division") (the three plaintiffs are collectively referred to as "the ALJs"). The ALJs sought an injunction preventing their impending removal from...

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