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Friday, July 11, 2008

Missouri Judge Tosses Out E-Mail Suit, Kind of

Cole County Circuit Judge Richard Callahan has dismissed a special investigative team’s lawsuit that sought copies of Gov. Matt Blunt’s e-mails.

But the judge left open the possibility that the case could be revived if Attorney General Jay Nixon joins the suit.

In an order issued shortly after noon today, Callahan said that the plaintiff, former Highway Patrol Col. Mel Fisher, lacks legal standing to bring the suit as a special investigator for the attorney general.

Callahan said Fisher also failed to establish a personal claim by citing his rights under the state’s "Sunshine Law."

The judge stayed the effect of his order for 10 days to let Fisher amend the petition to bring the suit personally, or to let Nixon join the lawsuit. If Nixon believes he has a conflict of interest, he could seek appointment of a special assistant attorney general, the judge’s order said.

More here.

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