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THOMAS v. SCHAFFNER

No. 25263.

448 S.W.2d 319 (1969)

Edward S. THOMAS, Plaintiff-Appellant, v. James A. SCHAFFNER, Acting Director of Revenue, State of Missouri, Respondent.

Kansas City, Court of Appeals. Missouri.

December 1, 1969.

Attorney(s) appearing for the Case

Scott O. Wright, Brown, Wright & Willbrand, Columbia, for appellant.

Charles W. Franklin, Asst. Pros. Atty., Columbia, for respondent.

JAMES W. BROADDUS, Special Commissioner.

This is an appeal by Edward S. Thomas from the denial of his application for re-instatement of his automobile driver's permit.

Since the Director of Revenue is only a passive participant in the litigation, he is neither a contesting nor participating party, and an appeal to the Supreme Court under Article V, § 3 of the Missouri Constitution, V.A.M.S. would not have been proper. In Re Spencer, 439...

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