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STATE EX REL. BOYER v. PERIGO

No. 22139.

979 S.W.2d 953 (1998)

STATE of Missouri, ex rel. Daniel BOYER and Linda K. Boyer, Relators, v. Honorable Timothy W. PERIGO, Circuit Judge, 40th Judicial Circuit, Newton County, Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

November 30, 1998.

Attorney(s) appearing for the Case

James H. Arneson, Miller & Sanford, P.C., Springfield, for Relators.

Dwight Douglas, Douglas, Douglas & Selby, L.L.C., Neosho, for Respondent.

GARRISON, Chief Judge.

This original proceeding in mandamus arises from an underlying action in which Daniel Boyer and Linda K. Boyer ("Relators") filed suit against John Flowers, d/b/a Metro Express ("Defendant Metro Express"), Jack Lawton Webb ("Defendant Webb"), and Henson Oil Company, Inc. ("Defendant Henson Oil"), seeking damages for the alleged pollution of their water well. The case was tried to a jury which returned a verdict on December 11, 1997, awarding...

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