Carolyn Brown v. Labor and Industrial
1978.MO.1085 , 577 S.W.2D 90
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- 0,99 €
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- 0,99 €
Beschreibung des Verlags
The Missouri Division of Transportation ("DOT") appeals the trial courts award of attorneys 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 attorneys fees and expenses incurred by the non-governmental party in either a civil action or agency proceeding, unless the court or agency finds that the states position was "substantially justified or that special circumstances make the award unjust." § 536.087.1. DOT claims the trial court erroneously concluded that it was not substantially justified in prosecuting Sure-Way for alleged violation of section 387.100 by charging the University of Missouri reduced carrier rates.