Supreme Court of
Missouri
en
banc
November 23,
1999
OPINION BY
PRICE, C.J.
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| SC81487 |
Odegard Outdoor Advertising,
LLC, Respondent, vs. The Board of Zoning Adjustment of Jackson County, Missouri,
Appellant. |
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AFFIRMED. All concur. |
OPINION BY
LIMBAUGH, J.
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| SC81720 |
In re: The Honorable Don E.
Burrell, Jr., Respondent. |
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DISCIPLINE
REJECTED. Price, C.J., Covington,
White, Holstein and Benton, JJ., and Hamilton, Sp.J., concur. Wolff, J., not
participating. |
OPINION BY
WHITE, J.
|
| SC81719 |
John E. Bell, Appellant, vs.
The May Department Stores Company, d/b/a Famous-Barr Company, a corporation,
Respondent. |
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REVERSED AND
REMANDED. Price, C.J., Limbaugh,
Holstein, Wolff and Benton, JJ., and Schaeperkoetter, Sp.J., concur. Covington,
J., not participating. |
PER
CURIAM
|
| SC81882 |
State of Missouri, Respondent,
vs. Charles Hineman, Appellant. |
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AFFIRMED IN PART; REVERSED
IN PART; REMANDED. All
concur. |
MOTIONS FOR
REHEARING
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| SC81586 |
C.C. Dillon Company,
Appellant, vs. City of Eureka, Missouri, et al., Respondents. |
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Appellant's motion for
rehearing or for revision of the Court's opinion sustained;
opinion vacated; cause ordered submitted on briefs
without argument. |
APPLICATIONS
FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
|
| SC81985 |
Joshua Avidan, Appellant, vs.
Transit Casualty Company, in receivership,
J. Burleigh Arnold, special
deputy receiver, in his personal and official capacities,
Respondents. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD55882, sustained and cause
ordered transferred. |
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| SC82034 |
State of Missouri, Respondent,
vs. William H. Bryant, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD56275,
denied. |
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| SC82035 |
State of Missouri, Respondent,
vs. Malik Nettles, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. ED74494, sustained and cause
ordered transferred. |
|
| SC82039 |
Robert L. Byrom, et al.,
Respondents, vs. The Little Blue Valley Sewer District, et al.,
Appellants. |
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Respondents' application for
transfer from the Missouri Court of Appeals, No. WD56051, sustained and cause
ordered transferred. |
|
| SC82040 |
Bradley D. Jones, Appellant,
vs. Kellie L. Cook, Respondent. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD56707,
denied. |
|
| SC82042 |
Brenda Ross, Respondent, vs.
Prime Transport, Inc., Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. SD22465,
denied. |
|
| SC82051 |
Custom Muffler and Shocks,
Inc., a Missouri Corporation, et al., Appellants-Respondents, vs. Gordon
Partnership, a Missouri Partnership, et al.,
Respondents-Appellants. |
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Respondents-Appellants'
application for transfer from the Missouri Court of Appeals, Nos. WD55946 and
WD55959, denied. |
|
| SC82041 |
Lawrence A. McCollum,
Appellant, vs. State of Missouri, Respondent. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD56713,
denied. |
|
| SC82043 |
State of Missouri, Respondent,
vs. Michael R. Stigler, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD55821,
denied. |
|
| SC82044 |
Rodney Bass, Appellant, vs.
State of Missouri, Respondent. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD56276,
denied. |
|
| SC82061 |
State of Missouri, ex rel.
James S. Teefey and Agri-Lawn, Inc., Respondents, vs. Board of Zoning Adjustment
of Kansas City, Missouri, et al., Appellants, Lew and Nicky Bunch, Defendants.
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Respondents' application for
transfer from the Missouri Court of Appeals, No. WD56340, sustained and cause
ordered transferred. Price, C.J., and Holstein, J., not
participating. |
|
| SC82064 |
American Family Mutual
Insurance Company, Respondent, vs. Robert Lasker,
et al.,
Appellants. |
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Appellants' application for
transfer from the Missouri Court of Appeals, No. WD56091, sustained and cause
ordered transferred. |
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| SC82065 |
John David Sterneker,
Respondent, vs. Director of Revenue, Appellant. |
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Respondent's application for
transfer from the Missouri Court of Appeals, No. WD56338,
denied. |
|
| SC82045 |
Bernerd D. Sawyers, Appellant,
vs. State of Missouri, Respondent. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. SD22765,
denied. |
|
| SC82046 |
State of Missouri, Respondent,
vs. Steve Dee McGinnis, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD55968,
denied. |
|
| SC82052 |
State of Missouri, Respondent,
vs. Paul D. Powell, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD56134,
denied. |
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| SC82053 |
Steven A. Johnson, Appellant,
vs. State of Missouri, Respondent. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. SD22739,
denied. |
|
| SC82054 |
State of Missouri, Respondent,
vs. Levar C. Aikens, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD55322,
denied. |
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| SC82055 |
State of Missouri, Respondent,
vs. Amos Thompson, Jr., Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD55479, denied. Holstein, J.,
not participating. |
|
| SC82056 |
Wilrus Turner, Appellant, vs.
State of Missouri, Respondent. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD56284,
denied. |
|
| SC82057 |
State of Missouri, Respondent,
vs. James E. Harris, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD55623,
denied. |
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| SC82070 |
Scott Elliott Hall, Appellant,
vs. State of Missouri, Respondent. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD56163,
denied. |
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| SC82071 |
State of Missouri, Respondent,
vs. James Clark, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD56431,
denied. |
|
| SC82072 |
State of Missouri, Respondent,
vs. Carl A. Woolfolk, Appellant. |
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Respondent's application for
transfer from the Missouri Court of Appeals, No. WD55803,
denied. |
|
| SC82066 |
Branson Scenic Railway,
Appellant, vs. Director of Revenue, Respondent. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD56277,
denied. |
|
| SC82067 |
Michael B. Conway and Beverly
Conway, Appellants, vs. Royalite Plastics, Ltd., Respondent, British Vita, PLC,
and Spartech Corporation, Defendants. |
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Appellants' application for
transfer from the Missouri Court of Appeals, No. ED75047, sustained and cause
ordered transferred. |
|
| SC82074 |
Charlotte Godfrey Cole, et
al., Respondents, vs. John Peters, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD56013, denied. Covington, J.,
not participating. |
|
| SC82075 |
State of Missouri, Missouri
Department of Social Services, Division of Aging, Respondent, vs. Cedars Nursing
Center, Inc., Defendant, Cedars Health Care Centre, Ltd., Respondent, Healthcare
Financial Partners Funding, Inc., Intervenor-Appellant. |
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Intervenor-Appellant's
application for transfer from the Missouri Court of Appeals, No. WD56439,
denied. |
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| SC82076 |
State of Missouri, Department
of Social Services, Division of Aging, Respondent, vs. Colonial Healthcare
Center, Inc., Respondent, Healthcare Financial Partners Funding, Inc.,
Intervenor-Appellant. |
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Intervenor-Appellant's
application for transfer from the Missouri Court of Appeals, No. WD56438,
denied. |
|
| SC82058 |
State of Missouri, Respondent,
vs. Kevin E. Rodgers, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD56196,
denied. |
|
| SC82059 |
State of Missouri, Respondent,
vs. Michael Dixon, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD55741,
denied. |
|
| SC82060 |
State of Missouri, Respondent,
vs. Columbus Neal, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD56455,
denied. |
|
| SC82078 |
State of Missouri, Respondent,
vs. William D. Cone, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD55518,
denied. |
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| SC82077 |
In the Interest of: E.S.,
M.D.S. and B.D.S.
Juvenile Office of Cole County, Respondent, vs. C.S.
(Natural Father) and R.S. (Natural Mother), Appellants. |
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Appellant R.S.'s application
for transfer from the Missouri Court of Appeals, Nos. WD56017 and WD56065,
denied. |
|
| SC82068 |
State of Missouri, Respondent,
vs. Edward Collins, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD55990,
denied. |
|
| SC82069 |
Brandon Scott Stevens,
Appellant, vs. State of Missouri, Respondent. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. SD22738,
denied. |
|
| SC82079 |
State of Missouri, Respondent,
vs. Dennis Booker, Appellant.
Dennis Booker, Appellant, vs. State of
Missouri, Respondent. |
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Appellant's application for
transfer from the Missouri Court of Appeals, Nos. ED69048 and ED73059,
denied. |
|
| SC82080 |
Joseph W. Barko, Appellant,
vs. State of Missouri, Respondent. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD56033,
denied. |
|
| SC82085 |
Linda Bara-Albanese,
Respondent, vs. United Industries Corporation, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. ED74313,
denied. |
|
| SC82089 |
Sherry Willeford, Respondent,
vs. Lester E. Cox Medical Center, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. SD22903,
denied. |
|
| SC82086 |
State of Missouri, Respondent,
vs. Sylvester Anderson, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. ED74558,
denied. |
|
| SC82088 |
State of Missouri, Respondent,
vs. Richard D. Redd, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No.
ED74698, denied. |
|
| SC82092 |
State of Missouri, Respondent,
vs. Gerald Eastman, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. ED74158,
denied. |
|
| SC82096 |
Wilma Earline Hayes, et al.,
Respondents, vs. United Fire & Casualty Company, Appellant. |
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Respondent Wilma Earline
Hayes' application for transfer from the Missouri Court of Appeals, No. ED75178,
denied.
Respondents D. Keith Thomas and Tamara Thomas' application for
transfer from the Missouri Court of Appeals, No. ED75178,
denied. |
|
| SC82097 |
State of Missouri, ex rel.
Joanne Langiano, Appellant, vs. Donald Langiano, Respondent. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. SD22726,
denied. |
|
| SC82099 |
State ex rel. Kenneth W.
McClendon, Respondent, vs. Eileen Davis Young, et al.,
Appellants. |
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Appellants' application for
transfer from the Missouri Court of Appeals, No. ED76132,
denied. |
|
| SC82104 |
Susan D. Jezewak, n/k/a Reis,
Respondent/Cross-Appellant, vs. Raymond A. Jezewak,
Appellant/Cross-Respondent. |
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Respondent/Cross-Appellant's
application for transfer from the Missouri Court of Appeals, No. ED74800,
denied. |
|
| SC82105 |
Karan Loyd, et al.,
Respondents, vs. Ozark Electric Cooperative, Inc., and Missouri Electric
Cooperatives' Insurance Plan, Appellants. |
|
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Appellants' application for
transfer from the Missouri Court of Appeals, No. SD22827, denied. Holstein, J.,
not participating. |
|
| SC82100 |
State of Missouri, Respondent,
vs. Tyler J. Baine, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. ED74859,
denied. |
|
| SC82101 |
State of Missouri, Respondent,
vs. Melvin Randolph, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. ED74910,
denied. |
|
| SC82102 |
State of Missouri, Respondent,
vs. Randall Gene Tidlund, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. SD22467,
denied. |
|
| SC82103 |
State of Missouri, Respondent,
vs. Vernon Keith Ratty, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. ED75101,
denied. |
|
| SC82106 |
State of Missouri, ex rel.
Norma Jean Harper, Relator, vs. The Honorable Joseph A. Goeke, III, Judge of the
21st Judicial Circuit of St. Louis County, Missouri,
Respondent. |
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Respondent's application for
transfer from the Missouri Court of Appeals, No. ED76286, sustained and cause
ordered transferred. |
|
| SC82110 |
Evelyn Goodlow, Respondent,
vs. Clayton Development Corporation, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. ED73854, sustained and cause
ordered transferred. |
|
| SC82112 |
Dale S. Hutson and Gloria
Hutson, Respondents, vs. BOT Investment Co., Inc., and Wal-Mart Stores East,
Inc., Appellants. |
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Appellant Wal-Mart Stores
East, Inc.'s application for transfer from the Missouri Court of Appeals, Nos.
SD22570 and SD22594, denied. Covington and Benton, JJ., not
participating. |
|
| SC82113 |
Warren Davis Properties V,
L.L.C., Respondent, vs. United Fire and Casualty Company,
Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. SD22458,
denied. |
WRITS AND
OTHER ORIGINAL PROCEEDINGS
|
| SC81965 |
State ex rel. William Bexton,
Petitioner, vs. Ron Schmitz and State of Missouri,
et al.,
Respondents. |
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Petition for writ of habeas
corpus treated as a motion under Missouri Supreme Court Rule 33.09 and denied as
moot. |
|
| SC82033 |
State ex rel. Caldwell Baker
Company, Relator, vs. The Honorable Charles E. Atwell, Judge, 16th Judicial
Circuit, Division 10, Jackson County, Missouri, Respondent. |
|
|
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Petition for writ of mandamus
denied. Price, C.J., and Holstein, J., not
participating. |
|
| SC82017 |
State ex rel. Michael G.
Waters, Petitioner, vs. Virgil Landsdown, Superintendent, Ozark Correctional
Center, Respondent. |
|
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Petition for writ of habeas
corpus denied. |
|
| SC82048 |
State ex rel. Darrell Dushon
Whitmore, Petitioner, vs. Jackson County Circuit Court,
Respondent. |
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Petition for writ of habeas
corpus denied. |
|
| SC82049 |
State ex rel. Darrell Dushon
Whitmore, Petitioner, vs. Kansas City, Missouri, Municipal Court,
Respondent. |
|
|
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Petition for writ of habeas
corpus denied. |
|
| SC82081 |
State ex rel. First Financial
Planners, Inc., et al., Relators, vs. The Honorable Michael Calvin, Judge,
Division One, 22nd Judicial Circuit, Respondent. |
|
|
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Petition for writ of
prohibition or alternatively for mandamus denied. Benton, J., not
participating. |
|
| SC82006 |
State ex rel. William Downs,
Petitioner, vs. Steven Moore, Respondent. |
|
|
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Petition for writ of habeas
corpus denied. |
|
| SC82023 |
State ex rel. Arizona Hall,
Petitioner, vs. The Honorable Kenneth R. Lewis, Judge, 43rd Judicial Circuit,
Respondent. |
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|
|
Petition for writ of mandamus
denied.
Petitioner's motion requesting that this Court exercise its
jurisdiction under Missouri Supreme Court Rule 91.06 of civil procedure
overruled. |
|
| SC82090 |
State ex rel. Southeast
Missouri Health Network, Relator, vs. The Honorable David A. Dolan, Judge,
Circuit Court of Scott County, Missouri, Respondent. |
|
|
|
Petition for writ of
prohibition and/or mandamus denied. |
|
| SC82063 |
State ex rel. Eddie S. Bell,
Petitioner, vs. Cranston Mitchell, Chairman, Board of Probation and Parole,
Respondent. |
|
|
|
Petition for writ of habeas
corpus denied. |
|
| SC82093 |
State ex rel. Jerold Poe,
Petitioner, vs. State of Missouri, Respondent. |
|
|
|
Petition for writ of
certiorari and/or habeas corpus denied. |
|
| SC82094 |
State ex rel. Richard
Derecskey, Petitioner, vs. State of Missouri, Respondent. |
|
|
|
Petition for writ of habeas
corpus denied without prejudice pursuant to Missouri Supreme Court Rule
91.02(a). |
|
| SC82107 |
State ex rel. The Burlington
Northern and Santa Fe Railway Company, et al., Relators, vs. The Honorable J.
Miles Sweeney, Judge, Circuit Court of Greene County, Missouri,
Respondent. |
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|
|
Petition for writ of
prohibition denied. Price, C.J., and Holstein, J., not
participating. |
Day - to - Day,
Ronnie L.
White
Acting Chief Justice
The next
regular conference of Court en Banc will be on December 21, 1999.