Legal Opinion

Division of Labor Standards, Department of Labor & Industrial Relations v. Chester Bross Construction Co.

Missouri Court of Appeals

Decided January 2, 2001No. ED 77657Published

1Opinion of the Court

LAWRENCE E. MOONEY, Presiding Judge.

Appellant, Chester Bross Construction Company, appeals the Circuit Court of Marion County’s judgment to enforce the subpoenas duces tecum issued by the Division of Labor Standards (“Division”). According to Appellant, the circuit court erred in ruling to enforce the subpoenas because: (1) Section 536.077 RSMo (1994),1 which provides for subpoena enforcement only in contested cases, is the Division’s only method of enforcement for such subpoenas; and (2) collateral estoppel bars granting the application to show cause since the circuit court denied such an…

2Cases cited7 opinions

  1. Wolff Shoe Co. v. Director of RevenueSupreme Court of Missouri · 1988
  2. Farmers' Electric Cooperative, Inc. v. Missouri Department of CorrectionsSupreme Court of Missouri · 1998
  3. In Re CaranchiniSupreme Court of Missouri · 1997
  4. Brooks v. Pool-LefflerMissouri Court of Appeals · 1982
  5. Hunter v. County of MorganMissouri Court of Appeals · 2000

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