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STATE EX REL. DIVISION OF TRANSP. v. SURE-WAY TRANSP.

No. WD 52186.

948 S.W.2d 651 (1997)

STATE of Missouri, ex rel. DIVISION OF TRANSPORTATION, Appellant, v. SURE-WAY TRANSPORTATION, INC., Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied July 1, 1997.

Application to Transfer Denied August 19, 1997.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Attorney General, Karen King Mitchell, Appellate Chief Counsel, Christie A. Kincannon, Assistant Attorney General, Nadia Termanini, Assistant Attorney General, Jefferson City, for appellant.

Sondra B. Morgan, Brydon, Swearengen & England, P.C., Jefferson City, for respondent.

Before ULRICH, C.J., P.J., and HANNA and SPINDEN, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 1, 1997.

ULRICH, Chief Judge, Presiding Judge.

The Missouri Division of Transportation ("DOT") appeals the trial court's award of attorney's fees and costs in favor of Sure-Way Transportation, Inc. ("Sure-Way") granted under authority of section 536.087, RSMo 1994. The statute requires an award of reasonable attorney's fees and expenses incurred by the non-governmental party in either a civil...

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