Legal Opinion

River Fleets, Inc. v. Carter

Missouri Court of Appeals

Decided February 23, 1999No. WD 55753PublishedCited by 7 opinions

1Opinion of the Court

ALBERT A. RIEDERER, Judge.

This is an appeal from the Circuit Court’s judgment dismissing Appellant’s petition and ruling that Appellant’s claim for interest on the refund of fees erroneously collected under § 319.132.1 was barred by sovereign immunity. Because we find that Appellant’s claim for interest is not barred by sovereign immunity, the judgment of the trial court is reversed and the case is remanded for further proceedings consistent with this opinion.

Factual and Procedural History

Appellant operates a barge fleeting and midstream refueling facility located on the Mississippi River.…

2Cases cited3 opinions

  1. Beatty v. Metropolitan St. Louis Sewer DistrictSupreme Court of Missouri · 1996
  2. Reidy Terminal, Inc. v. Director of RevenueSupreme Court of Missouri · 1995
  3. Dreon v. City of St. Louis Municipal Library DistrictMissouri Court of Appeals · 1989

3Cited by7 opinions

  1. City of Harrisonville, Appellant-Respondent v. McCall Service Stations d/b/a Big Tank Oil, the Missouri Petroleum Storage Tank Insurance FundSupreme Court of Missouri · 2016
  2. Beshear v. Haydon Bridge Co.Kentucky Supreme Court · 2013
  3. Rees Oil Co. & Rees Petroleum Products, Inc. v. Director of RevenueMissouri Court of Appeals · 1999
  4. River Fleets, Inc. v. CreechMissouri Court of Appeals · 2001
  5. Brenda Estes, As Guardian and Next Friend for Jane Doe v. The Board of Trustees of The Missouri Public Entity Risk Management Fund In Their Official CapacitiesMissouri Court of Appeals · 2021

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