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SPECIALTY TRANSIT CO., INC. v. GOLDBERG

Nos. 41763, 41764.

603 S.W.2d 53 (1980)

SPECIALTY TRANSIT CO., INC., Appellant, v. Gerald H. GOLDBERG, Missouri Director of Revenue, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

July 8, 1980.

Attorney(s) appearing for the Case

Ralph A. Kister, St. Charles, for appellant.

John Ashcroft, Atty. Gen., Arnold R. Day, Asst. Atty. Gen., Jefferson City, for respondent.

CLEMENS, Senior Judge.

The sole issue here is which of two limitation statutes applies. Plaintiff taxpayer contends that having initially suffered a non-suit on his 1974 petition for review of two tax assessments he was, under Section 516.230 R.S.Mo. 19691 entitled to re-file the present petitions for review within one year of the dismissal. The defendant Director of Revenue contends to the contrary that since plaintiff's present action...

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