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KELLY v. HANSON

No. WD 55438.

984 S.W.2d 540 (1998)

Margaret KELLY, State Auditor of Missouri, Respondent, v. Richard HANSON, Commissioner of Administration, et al., Appellant.

Missouri Court of Appeals, Western District.

Rehearing Denied December 22, 1998.

Transfer Denied December 22, 1998.

Application to Transfer Denied January 7, 1999.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., James Layton, Chief Deputy Atty. Gen., Paul Wilson, Asst. Atty. Gen., Jefferson City, for appellant.

Marc Ellinger, Legal Counsel, State Auditor's Office, Jefferson City, for respondent.

Before ULRICH, P.J., BRECKENRIDGE, C.J. and SMART, J.

ULRICH, P.J.

Richard Hanson, the Commissioner of Administration of the State of Missouri, and Mark Ward, the Director of the Division of Budget and Planning, (OA-BP) appeal the judgment of the trial court in favor of the Honorable Margaret Kelly, State Auditor of the State of Missouri, declaring that certain funds from riverboat gaming admission fees and from riverboat enforcement recoupment, which are deposited in the state treasury to

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