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2010-08-05 09:36:24

JEFFERSON CITY | Missouri Attorney General Chris Koster has asked a court tored dismiss or clarify elements of Lt. Gov. Peter Kinder’s lawsuit challenging the new federal health care law.

The motion takes issue with portions of the suit in which Kinder, a Republican, appears to be suing in his official capacity as lieutenant governor.

State law, Koster argues, makes clear that only the attorney general has the right to sue on behalf of the state or its elected officials.

“Friday’s filing was a narrow request made to the court, intended to protect the longstanding construction of law that the state must speak with one voice in our courts,” Koster spokeswoman Nanci Gonder said. “It is not intended to stop or disparage Lt. Gov. Kinder’s private lawsuit, which no doubt speaks to the concerns of many Missourians.”

Koster’s motion asks the U.S. District Court for eastern Missouri, where the case was filed, to either dismiss the parts of the suit in which Kinder appears tosue on behalf of the state or require him to clarify that he’s suing only as a private citizen.

In a statement, Kinder spokesman Gary McElyea pointed to the lieutenant governor’s official role as senior advocate as the justification for filing the suit.

“Lt. Gov. Kinder has a statutory obligation to defend the interests of and advocate for Missouri seniors,” McElyea said. “The Medicare Advantage provisions in this health care law will hurt Missouri seniors. We will continue this legal challenge and are very optimistic about the outcome of this case.”

McElyea also noted that the suit is being funded with private contributions.
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