# Andresen v. Board of Regents

> Missouri Court of Appeals · August 7, 2001 · 58 S.W.3d 581

URL: https://www.frixlaw.com/law-library/cases/9680568

## Case

- **Full name:** William ANDRESEN, Et Al., Appellants, v. BOARD OF REGENTS OF MISSOURI WESTERN STATE COLLEGE, Et Al., Respondents
- **Court:** Missouri Court of Appeals
- **Decided:** August 7, 2001
- **Citations:** 58 S.W.3d 581; 2001 WL 880256
- **Precedential status:** Published
- **Opinion:** Concurrence by Spinden
- **Judges:** Newton, Spinden, Smart
- **Cited by:** 21 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9680568

## How later opinions describe it (automated extraction)

- concluding that the amendment clarified the legislature’s original intent to exclude academic institutions from the State Personnel Law

## Opinion text

SPINDEN, Chief Judge,
concurring.
I concur with the majority, but I write separately to clarify that, for me, the determining point in resolving this case is the provision of § 174.140, RSMo 2000, that the Missouri Western State College’s board of regents shall have the power to “fix the ... compensation” and “enter into agreements for and make contributions to both voluntary and statutory retirement plans for ... teachers!.]” While § 36.350, RSMo 2000, makes provisions for state employees 1 and Missouri Western conceded at oral argument that it deems its teachers to be state employees, § 174.140 makes provisions for a specific group of state employees, teachers at state colleges and universities. Hence, under the doctrine recognized by the majority that a specific statute will prevail over a more general statute, § 174.140 governs in this case, and the respondents prevail.
. The statute is worded to apply to employees of state agencies.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9680568. Public record. Not legal advice.