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BREITENFELD v. SCHOOL DIST. OF CLAYTON

No. SC 92653.

399 S.W.3d 816 (2013)

Gina BREITENFELD, Appellant, v. SCHOOL DISTRICT OF CLAYTON, et al., Respondents, State of Missouri and Attorney General Chris Koster, Appellants.

Supreme Court of Missouri, En Banc.

June 11, 2013.

Attorney(s) appearing for the Case

Solicitor General James R. Layton , Thomas D. Smith and Christopher J. Quinn , Attorney General's Office, Jefferson City, for the State.

Elkin L. Kistner and Sean M. Elam , Bick & Kistner PC, Clayton, for Breitenfeld.

Mark J. Bremer and D. Leo Human , Kohn, Shands, Elbert, Gianoulakis & Giljum LLP, St. Louis, for Clayton School District and Clayton Taxpayers.

Richard B. Walsh Jr. and Evan Z. Reid of Lewis, Rice & Fingersh LC, St. Louis, for Transitional School District.

Joshua M. Schindler , The Schindler Law Firm PC, St. Louis, for St. Louis School District Residents, who filed a brief as friends of the Court.

Melanie Gurley Keeney , Katherine L. Nash and Elizabeth J. Mooney , Tueth, Keeney, Cooper, Mohan & Jackstadt PC, St. Louis, for Cooperating School Districts of Greater St. Louis, which also filed a brief as friends of the Court.

MARY R. RUSSELL, Judge.

This appeal follows this Court's remand in Jane Turner, et al. v. School District of Clayton, et al., 318 S.W.3d 660 (Mo. banc 2010). At issue now is whether the trial court erred in concluding that the "Unaccredited District Tuition Statute," section 167.131,1 is unenforceable as applied to the defendant school districts

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