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WHITHAUS v. CURATORS OF UNIV. OF MISSOURI

No. WD 73403.

347 S.W.3d 102 (2011)

Kenneth WHITHAUS, Appellant, v. The CURATORS OF the UNIVERSITY OF MISSOURI, Respondent.

Missouri Court of Appeals, Western District.

August 16, 2011.

Attorney(s) appearing for the Case

Paul T. Graham , Jefferson City, MO, for Appellant.

Kelly S. Mescher , Columbia, MO, for Respondent.

Before: THOMAS H. NEWTON, P.J., CYNTHIA L. MARTIN, and GARY D. WITT, JJ.

THOMAS H. NEWTON, Presiding Judge.

Mr. Kenneth Whithaus appeals from the trial court's judgment dismissing his suit against the Curators of the University of Missouri. Mr. Whithaus sought reinstatement of his long-term disability benefits, and the trial court found it lacked subject matter jurisdiction. We reverse and remand.

Factual and Procedural Background

According to the allegations in the petition, Mr. Whithaus began receiving long-term disability...

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